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In July 2004, two groups of Ps filed separate complaints against the same five major electric power companies. American (Ds), now petitioners, are four private companies and the Tennessee Valley Authority. Ds 'are the five largest emitters of carbon dioxide in the United States.' Their collective annual emissions of 650 million tons constitute 25 percent of emissions from the domestic electric power sector, 10 percent of emissions from all domestic human activities, ibid., and 2.5 percent of all anthropogenic emissions worldwide. The District Court dismissed both suits as presenting non-justiciable political questions. The Second Circuit reversed holding that the suits were not barred by the political question doctrine and that the plaintiffs had adequately alleged Article III standing. It held that Ps had stated a claim under the 'federal common law of nuisance.' It also determined that the Clean Air Act did not 'displace' federal common law. At the time, the EPA had not yet promulgated any rule regulating greenhouse gases, a fact the court thought dispositive. The Supreme Court granted certiorari.

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