Tuesday, September 22, 2009

Second Circuit Reinstates States' Nuisance Suits

The Second Circuit has reversed a district court decision and reinstated a nuisance suit, under the federal common law, against electric power providers brought by several states and environmental organizations. A copy of the decision is available here. The Second Circuit panel originally included Justice Sotomayor, but because of her elevation to the Supreme Court the two judges remaining on the panel decided the matter themselves.