What's Next in Connecticut v. AEP? Causation?
The Second Circuit's decision remanding Connecticut v. American Electric Power Co. (see previous post) to the district court raises the specter of future causation battles. Notably, the Second Circuit relied heavily on statements of regulatory bodies on the question of causation. But this issue looms as a large hurdle for plaintiffs in AEP. For an analysis of the complex causation issues likely to arise in this case, check out "Are Regulatory Findings Admissible Evidence?" (Litigation Magazine, Spring 2008), which evaluates the causation question using climate litigation as an example.
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Global Climate Law Blog -
October 16, 2009 4:15 PM
Co-authored with Joanne Lichtman. In a carefully watched case in the Northern District of California, Judge Saundra Brown Armstrong has issued a ruling dismissing the Kivalina climate change lawsuit on grounds that: (1) it raises a non-justiciable poli...
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