skip to main content

PRESERVING LEGAL AVENUES FOR CLIMATE JUSTICE IN FLORIDA POST-AMERICAN ELECTRIC POWER

Allison Fischman

64 Fla. L. Rev. 295 (2012)

Texto completo disponível

Citações Citado por
  • Título:
    PRESERVING LEGAL AVENUES FOR CLIMATE JUSTICE IN FLORIDA POST-AMERICAN ELECTRIC POWER
  • Autor: Allison Fischman
  • Assuntos: Disproportionately; Collectively; Corporations; Implications; Constituted; Corporation; Populations; Summarizing; Foreclosing; Connecticut; Administrative Law; Civil Procedure; Constitutional Law; Criminal Law & Procedure; Energy & Utilities Law; Environmental Law; Governments; International Trade Law; Real Property Law; Torts
  • É parte de: 64 Fla. L. Rev. 295 (2012)
  • Descrição: In American Electric Power Co. v. Connecticut (AEP), 1 the U.S. Supreme Court held that "the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants," 2 foreclosing the use of federal common law rights of action in climate change litigation. The Court left unanswered the question of whether the Clean Air Act also displaces state common law tort actions, 3 suggesting that state-based claims such as public nuisance could play some part in future climate change litigation. The opinion, however, conveys the Court's preference to confine climate change litigation to agency- and regulatory- focused actions, as opposed to common law tort actions. 4 After briefly summarizing the case, this Comment considers the implications of that preference with regard to the "climate vulnerable"-populations that are disproportionately impacted by the effects of climate change-with a focus on Florida. In 2004, two groups of plaintiffs-one group consisting of eight states 5 and New York City, and the other consisting of three nonprofit land trusts 6 -filed separate complaints in the U.S. District Court for the Southern District of New York against five major electric power companies, which the plaintiffs alleged were "the five largest emitters of carbon dioxide in the United States." 7 Those companies were four private corporations and the Tennessee Valley Authority, "a federally owned corporation that operates fossil-fuel fired power plants in several states." 8 Collectively, the defendants' emissions constituted ...
  • Idioma: Inglês

Buscando em bases de dados remotas. Favor aguardar.