WASHINGTON, June 20, 2011 /PRNewswire-USNewswire/ -- NPRA, the National Petrochemical & Refiners Association, welcomes the decision today by the Supreme Court to resoundingly reject attempts to address greenhouse gas emissions through the use of common law "nuisance" lawsuits. In the case of American Electric Power Company v. State of Connecticut, the court appropriately reversed the decision by the U.S. Court of Appeals for the 2nd Circuit that permitted this litigation to move forward.
NPRA and the American Petroleum Institute filed an amicus brief with the U.S. Supreme Court in February in support of AEP's position in this litigation. In this case, the plaintiffs – which include eight states and several land trusts – alleged that fossil fuel-fired power plants are a "public nuisance" under federal law by emitting greenhouse gases. The court's unanimous 8-0 decision today is the first by the Supreme Court on a greenhouse gas nuisance suit.
NPRA President Charles T. Drevna said:
"The court's ruling is a logical and just decision and should send a signal to those attempting to use arcane legal rules to advance their political agendas. NPRA has stated unequivocally that discussions regarding the regulation of greenhouse gas emissions should take place in Congress and not in the courts through 'nuisance' or 'public trust' lawsuits and certainly not at the Environmental Protection Agency through the Clean Air Act. Today's decision is indisputably in the best interest of the American people."
SOURCE National Petrochemical & Refiners Association