Ted Lieu, who’s angling for the job of California Attorney General, thinks plaintiffs’ lawyers should take over the role of the elected representatives and the appointed public servants who oversee the complex enforcement of statutory and regulatory rules affecting California consumers. Read More »
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 »
As described on legalnewsline.com, the Washington Legal Foundation contains an opinion piece by John Suthers (Colorado Attorney General) and Geoff Blue (Colorado Deputy Attorney General for Legal Policy). The piece is titled, "State Attorneys General Must Be Mindful of Separation of Powers." Read More »
For those who may be following the California Supreme Court proceedings on the propriety of government entities retaining private outside counsel on a contingent fee basis to pursue public nuisance actions, you can check on the progress of the case at the court's online docket.
author: John Gray
Legally, the term “nuisance” is traditionally used in three ways: (1) to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney); (2) to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors); and (3) to describe a legal liability that arises from the combination of the two.2 Read More »