Reading the Standing Tea Leaves in American Electric Power Co. v. Connecticut

The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on the standing analysis in Massachusetts v. EPA, which recognized special standing rights for states suing as parens patrie to protect their state's natural resources or the health of their citizens.

State suits are likely to be an important vehicle for litigating climate change cases and the decision in American Electric casts light on how the Court will handle these types of cases in the future.