Oral arguments in American Electric Power Co., Inc. v. Connecticut featured several persistent themes, with discussion focusing on the difference between dismissing the case on prudential standing, which would punt the question of climate change policy out of the judicial branch, and dismissing the case on the merits, which would effectively leave the EPA and Congress as the sole source for climate change regulation.

The US Supreme Court’s decision in AEP v. Connecticut has incredible implications—implications on the state, national, and international levels. Environmentalist groups and court commentators are keenly aware of how certain justices may vote.

The landmark case American Electric Power Co., Inc. v. Connecticut is unique in environmental litigation in that the primary plaintiffs are not environmental groups, or individuals, but government entities.