ERCC Statement on AEP v Connecticut Amicus Brief

February 8, 2011

Today, 23 attorneys general from a diverse array of states filed an amicus brief seeking the dismissal of the so-called climate nuisance case to be heard by the High Court. The brief confirms what have known all along: tort litigation is precisely the wrong avenue to address inherently political issues like the correct approach to global greenhouse gases.

The Administration has contended that certainty created by regulation can create jobs. Weak though this claim is, it is made totally hollow in a world where trial lawyers and their political allies can march off to court - even as the political branches continue to wrestle with thorny policy issues. Unilateral patchwork litigation will not do a thing to address climate change, particularly when no other nation would follow this ill-conceived lead.

This bipartisan group of state AGs demonstrates the growing consensus that litigation has no place in determining our national and international climate policy.