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You can now access key decisions and appellate briefs in our Decision and Brief Bank. We have recently posted the opinion in the Santa Clara contingency fee matter that was recently decided by the California Supreme Court. We have also added key decisions in public nuisance cases such as Kivalina, Tennessee Valley Authority, and AEP.
You can also find fresh commentary on the Santa Clara contingency fee decision on the NuisanceLaw Blawg.
Trust Without Verification? Using Legal Fictions to Justify Contingent Fees by Public Authorities in Public Nuisance Litigation
Author: Richard O. Faulk
Richard O. Faulk
Richard O. Faulk is the Chair of the Litigation Department of Gardere Wynne Sewell LLP, which maintains offices in Dallas, Houston, and Austin, Texas, as well as in Mexico City. He also leads the firm’s Climate Change Task Force and the firm’s Environmental Practice Group.
Mr. Faulk concentrates his personal practice in complex environmental litigation, including class actions and "mass tort" cases with international impacts. He is a board-certified specialist in federal and state appellate practice, and has argued cases before numerous federal and state trial and appellate courts, including the U.S. Supreme Court. He is experienced and widely published on the complex problems raised by CERCLA litigation and the rights and remedies of persons dealing with contaminated properties. Read More »
Whatever happened to seeking a legislative solution?
Can one state's elected officials force companies, or even legislatively enacted authorities, located in another state to comply with its enacted laws and regulations? If you think not, you should be following the public nuisance case filed by North Carolina's attorney general against the Tennessee Vally Authority ("TVA") over cross-border pollution.
According to North Carolina's Attorney General, any facility, located anywhere, whose emissions do or may find their way into North Carolina should comply with North Carolina's more stringent pollution standards or shut down. While the court has heard oral argument, it is still unknown if this misapplication of public nuisance law will succeed.
Whatever happened to seeking a legislative solution?
Technology and Discourse
NuisanceLaw.com combines the foremost legal thinking with the latest collaborative and web technologies to create a powerful new resource on the subject of public nuisance law. We are excited to use advanced technology and the expertise of our members to organize and develop a rich discourse on this important topic. NuisanceLaw.com features the latest publishing, blogging, wiki and syndication technologies integrated into a single and powerful tool for developing, deepening and sharing knowledge.
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