Common Law Global Warming Claims Get a Frosty Reception After the U.S. Supreme Court's American Electric Decision

While the Environmental Protection Agency works on development of greenhouse gas regulations for industrial sources, plaintiffs have sought to impose civil liabilities through the use of common law tort claims. In over eight years of litigation, however, plaintiffs have yet to proceed past the preliminary stages in a GHG common law suit, and the high court's American Electric decision further reduces the likelihood of a successful claim under federal law.