The United States Supreme Court is hearing oral argument today in the case of AEP, et al vs. Connecticut, et al. This case was brought three years ago by eight states, New York City and three different land trusts against five major power producers in the Midwest and East Coast. The claim was that by operating coal-fired power plants, and emitting dangerous greenhouse gases into the atmosphere, these companies were creating a public nuisance that states must address with state resources. Therefore, to remedy this public nuisance, these companies would have to comply with a court ordered mandate to reduce greenhouse gas emissions from these facilities by certain percentages over the next 10 years. Effectively, a cap on carbon dioxide from coal-fired power plants established by the courts, not Congress or EPA.

The 4th Circuit Court of Appeals found for the states in this case. The power companies appealed to the US Supreme Court and the high court granted the appeal last summer. Because Justice Sotomayor was on the 4th Circuit Court of Appeals when the case was heard, she has recused herself from the case. I don’t think that the high court will find for the states in this case, because they think that the EPA and/or Congress