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The court correctly noted that, under the Supreme Court’s holding in American Electric Power v. Connecticut ( AEP ), the Clean Air Act has displaced federal common law related to domestic GHG emissions. The remaining question, then, is whether Section 115 preempts state law claims for some other reason.
Richard Ashby Wilson, associate lawschool dean at the University of Connecticut, said “Trump crossed the Rubicon and incited a mob to attack the U.S. She added that there would be no acceptance of courtdecisions to the contrary: “We’re looking for a guilty verdict. If we don’t, we cannot go away.”.
The Second Circuit then held that the Clean Air Act, in turn, displaced federal common law claims related to domestic emissions. Connecticut , 564 U.S. The Second Circuit cited American Electric Power Co.
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