Lawrence Hurley, E&E reporter
"Connecticut and five other states seeking to persuade the Supreme Court to allow greenhouse gas emissions to be regulated via federal common law have suggested the justices should avoid deciding the case and instead send it back to a lower court.
In their final brief filed in American Electric Power v. Connecticut, the states maintain their position that greenhouse gas emissions can be regulated as a "public nuisance" under federal common law.
But they say that the court should wait to see what happens to the ongoing efforts by U.S. EPA to regulate emissions before deciding the issue.
The states point in particular to the recent settlement in which EPA agreed to set new greenhouse gas limits for refineries and power plants (Greenwire, Dec. 23, 2010).
That announcement came several weeks after the Supreme Court decided to hear the case, which is due to be argued April 19." More>>>>