"High Court Blocks States' Lawsuit Over Coal Plant Emissions"

"The Supreme Court ruled [Monday] that six states cannot, for now, try to limit emissions of greenhouse gases under federal common law.

The court ruled 8-0 -- Justice Sonia Sotomayor was recused -- that the Clean Air Act and the Obama administration's efforts to regulate emissions had displaced the states' federal common law argument.

But the court split, 4-4, on the potentially key issue of whether federal courts even had jurisdiction to hear the claims. The split means the 2nd U.S. Circuit Court of Appeals' finding that it did have jurisdiction stands, although that conclusion would not apply to other federal circuits. Sotomayor sat on that panel; hence her recusal.

The ruling was therefore not a total victory for the utilities, including American Electric Power Co. Inc., that were sued by the states because the court left open the possibility of future lawsuits if the federal government were to cease efforts to regulate greenhouse gases."

Lawrence Hurley and Gabriel Nelson report for Greenwire June 20, 2011.

SEE ALSO:

"Supreme Court Backs EPA Over States on Climate Change" (USA Today)

"High Court Blocks States' Climate Change Lawsuit" (Associated Press)

"High Court Shields AEP From State Suits Over Emissions" (Columbus Dispatch)