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Global warming and public nuisance

The latest edition of Ecology Law Quarterly (ELQ) has a short but useful discussion of public nuisance global warming suits:  "Global Warming Tort Litigation:  The Real 'Public Nuisance'."

The article, written by two of the defense lawyers in the California nuisance suit against automakers (which the district court dismissed, and is now pending before the Ninth Circuit), summarizes the five nuisance cases filed to date, then discusses why the public nuisance litigation model doesn't fit.  Read More »