Lawyers Weigh In on AEP v. Conn.

Dykema member, John Ferroli, was quoted in the June 20, 2011 Law360 article addressing the .U.S. Supreme Court’s decision to leave the regulation of greenhouse gases in the hands of federal agencies. The court’s action reverses a 2009 decision by the Second Circuit in favor of states and land trusts. Ferroli commented on the impact of the decision, saying the its legal impact is “potentially large, as it significantly curtails the ability to use federal common law to pursue greenhouse gas emission limitations.” He further commented that “the decision’s practical impact is less clear, as it does not affect the claimants’ state common law claims, although the Supreme Court hinted that such claims could be preempted.”

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