nuisance law
Suing Big Oil
Which court has jurisdiction? State court or federal?
Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they …
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CONTINUE READINGWhy Doesn’t the GOP Offer Alternative Solutions to Environmental Problems?
Republicans hate conventional regulations. But they’ve given up on offering alternatives. Here’s why.
There’s one thing we all know: the Republican Party hates regulation. Republicans want to roll back some key regulations and make it a lot harder to pass new ones. But there’s a curious silence about alternatives to regulation. For decades, conservative Republicans have denounced “command and control” regulations by EPA and other agencies. So why don’t they …
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CONTINUE READINGRemedial Education for Berkeley Law Faculty
Or at least for John Yoo, who argues: Courts award damages based on the harm to the victim and the harm to society. Suppose you thought that the Iraq war was a mistake. If so, isn’t the proper remedy to restore Saddam Hussein’s family and the Baath Party to power in Iraq? If you are …
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CONTINUE READINGWhat IS a Nuisance, Anyway?
If you’re a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing “inherent limitations on title.” More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity …
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CONTINUE READINGNinth Circuit Finds Public Nuisance Lawsuit Unavailable to Address Climate Change Impacts on Threatened Native Alaskan Village
Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change. Kivalina contended that the companies’ greenhouse gas emissions constituted a public …
CONTINUE READINGThat’s “Chief Justice Bitch”
The ongoing Wisconsin saga of public sector union rights has, predictably, involved the state’s Supreme Court. But in a much more personal way than one would think at first: The April 5th state Supreme Court election in Wisconsin, where incumbent Justice David Prosser is seeking re-election, is now being shaken up by news about the …
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CONTINUE READINGThe Sotomayor Hearing and the Climate Nuisance Case
The NY Times reports that one issue in the confirmation hearing may be a case involving climate change. The plaintiffs sued under the federal common law of nuisance for injunctive relief against public utilities for their carbon emissions. The case has now been pending before a panel including Judge Sotomayor for several years. It’s definitely …
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