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Carbon “Nuisance” Litigation

It should come as no surprise that the next application of nuisance law would be climate change litigation. After all, the Second Circuit and Fifth Circuit Courts of Appeal have drawn their lines in the sand on this issue and with the Copenhagen fiasco, carbon litigation is surely in our future. A recent Wall Street Journal editorial highlights the issue fairly well: climate change is a Global issue and one that needs to be addressed legislatively, not through the courts.

NuisanceLaw.com will cover these developments and bring you current material in this area. We are pleased to bring you first-hand reports from Copenhagen by Rick Faulk, a current contributor to NuisanceLaw.com. His first of several reports will appear here on January 1, 2010.