Federal Judiciary

Petition of the day

By Anna Christensen

Today?s first petition of the day is:

Title: American Electric Power Co., Inc. v. Connecticut
Docket: 10-174
Issue(s): (1) Whether states and private parties may seek emissions caps on utilities for their alleged contribution to global climate change; (2) whether a cause of action to cap carbon dioxide emissions can be implied under federal common law; and (3) whether claims seeking to cap carbon dioxide emissions based on a court's weighing of the potential risks of climate change against the socioeconomic utility of defendants' conduct would be governed by ?judicially discoverable and manageable standards? or could be resolved without ?initial policy determination[s] of a kind clearly for nonjudicial discretion.?

Certiorari-Stage Documents

• Opinion below (2d Circuit)
• Opinion below (2d Circuit)
• Petition for certiorari
• Amicus brief for Unions for Jobs and the Environment
• Amicus brief for the Pacific Legal Foundation
• Amicus brief of the Association of International Automobile Manufacturers, et al.
• Amicus brief for NATSO, Inc.
• Amicus brief for the American Chemistry Council, et al.
• Amicus brief for the National Federation of Independent Business Small Business Legal Center, et al.
• Amicus brief for the Center for Constitutional Jurisprudence
• Amicus brief for the Chamber of Commerce
• Amicus brief for the Edison Electric Institute, et al.
• Amicus brief of the American Farm Bureau Federation, et al.
• Amicus brief of law professors
• Amicus brief of states
• Amicus brief of the Cato Institute
• Amicus brief of the Mountain States Legal Foundation
• Brief of respondent Tennessee Valley Authority in support

Today’s second petition of the day is:

Title: Friends of the Everglades v. South Florida Water Management District
Docket: 10-196
Issue(s): Whether all waters of the United States may be treated as a ?unitary? whole for purposes of the Act's provisions requiring permits for point source discharges, so that transferring pollutants from one distinct water body to another does not constitute an ?addition? of the pollutants to navigable waters and therefore does not require a permit.

Certiorari-Stage Documents

• Opinion below (11th Circuit)
• Petition for certiorari
• Amicus brief for the Sierra Club
• Amicus brief for the Town of Grant Lake, Colorado et al.

Full post as published by SCOTUSBLOG on September 22, 2010 (boomark / email).