Sotomayor Recusal Likely as Court Weighs Greenhouse 'Nuisance' Case

"If the U.S. Supreme Court takes up a high-profile case over whether states can invoke common law to force industry to reduce greenhouse gas emissions, it's likely one of the justices will sit on the sidelines.

The justices are due to announce Monday whether they will hear the case, American Electric Power v. Connecticut.

When they do reveal their plans, there is a strong likelihood that Justice Sonia Sotomayor will announce that she is recusing herself.

That is because, prior to her nomination in 2009, she served on the appeals court panel that heard the case, although she did not participate in the ruling itself."

Lawrence Hurley reports for Greenwire December 3, 2010.