public nuisance

More Thrills and Chills Ahead!  What to Expect in 2024

Here are the key events that will shape climate and energy policy.

We will face some important forks in the road in 2024 in terms of environmental law.  Here are some of the upcoming forks. Who will be President in 2025?  You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …

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Climate Change in the Courts

What’s next in climate change litigation?

There are three important climate lawsuits pending in federal court. Here’s the state of play and what to expect next. In the first case, Oakland and San Francisco sued leading oil companies. They claim that the companies’ production and sale of fossil fuels is a public nuisance under California state law. They seek an abatement …

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Cities are suing oil companies for climate change harms. Could they win?

Join UCLA Law Emmett Institute and Union of Concerned Scientists for January 25 evening talk on new climate lawsuits

Who should pay for the significant costs that cities and other local governments incur in responding to climate change? Los Angeles is the most recent city to explore the idea of suing fossil fuel companies for these harms, following in the footsteps of San Francisco, San Mateo County and a growing cohort of other jurisdictions …

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Legal Planet Takes Over the Yale Law Journal

Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online.  (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan’s is elegant and technical, mine is cranky and dyspeptic.  Here’s the abstract: This …

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Prods and Pleas/Stopgaps and Failsafes

In a recent article in the Yale Law Journal, Benjamin Ewing  and Douglas  Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy.  Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change.  Using …

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The First Federal Environmental Law Decision

Of course, it’s a bit arbitrary to pick one case as the first environmental law decision.  Many people would probably name the Scenic Hudson opinion, but my nominee would be a decision many decades earlier: Woodruff v. North Bloomfield Gravel Mining Co., 18 F. 753 (C.C.Cal. 1884).  What makes it reasonable to call this the …

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Globalizing Public Nuisance

Let’s assume, as most of us on this blog do, that the Supreme Court will get rid of the public nuisance climate change when it decides Connecticut v. AEP a few weeks from now.  Does that get rid of public nuisance climate cases?  Not necessarily. Whatever one may think of the Clean Air Act’s displacement …

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Saving Public Nuisance

I agree with Rick’s take on the oral argument in Connecticut v. AEP — in fact, so much so that I predicted it three years ago!  But if the Supreme Court overturns the Second Circuit on the viability of a federal common law claim, that actually makes the viability of state common law claims stronger. …

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Preview of Coming Attractions: American Electric Power v. State of Connecticut

The U.S. Supreme Court recently announced the scheduling of oral arguments in the biggest (actually, the only) environmental case of its current Term: American Electric Power v. State of Connecticut. The justices will hear arguments on April 19th, and render their decision in this major climate change case by the end of June. Already, however, …

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U.S. Supreme Court to Hear Climate Change Nuisance Case

The 2010-2011 U.S. Supreme Court case promises to be a blockbuster one for environmental law.  The Court today announced that it had granted a petition for certiorari filed in AEP v. Connecticut (the lower court decision in the case is here).  The case, brought by  a number of states against the country’s five larges utilities , …

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