September 21, 2011 20:38
Not with a bang, but with a whimper. So (we predict) will be the resolution of Connecticut v. American Electric Power, of Supreme Court provenance and now remanded to the Second Circuit. And it is not because we have inside information. Rather, it is because the plaintiffs have asked to be dismissed.
On September 2 counsel for the State of New York, on behalf of all of the governmental and public interest group plaintiffs, wrote the clerk of the Second Circuit and requested:
"These appellants have decided to withdraw their complaints, ... and would like to request that the Court remand...