In a stunning decision, Judges McLaughlin and Hall of the U.S. Court of Appeals for the Second Circuit vacated and remanded the decision of the district court that had dismissed federal common law claims of nuisance filed against five electric utilities by a number of northeastern states and environmental interest organizations.  The district court had ruled that the issues raised in the complaints were non-justiciable political questions. The Second Circuit reversed across the board. The Court held that:

Until today, this case was most notable for two reasons - three years passed since the original argument in the Second Circuit and Justice Sotomayor served as chief judge of the panel in that court. 

The case now goes back to the district court for further proceedings.  As the Second Circuit rejected on several of the procedural defenses raised by the defendants but not ruled on by the district court, on first blush, it appears that the case is headed for discovery and a long, drawn-out battle. 

The opinion is 139 pages and, in the coming days, ClimateIntel will be publishing further analyses of the impacts of the case.

For further information about this topic, please contact Akin Gump.