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Premature Burial? The Resuscitation of Public Nuisance Litigation

Richard Faulk, Gardere Wynne Sewell LLP
John Gray, Gardere Wynne Sewell LLP

Abstract

On Sept. 22, the U.S. Court of Appeals for the Second Circuit, in Connecticut v. American Electric Power Co., held that federal common-law nuisance suits can proceed against major greenhouse gas emitters. Nine days later, a federal trial court reached the opposite conclusion in another case. In this article, attorneys Richard Faulk and John Gray discuss these rulings, and the revival of public nuisance litigation.

Suggested Citation

Richard Faulk and John Gray. "Premature Burial? The Resuscitation of Public Nuisance Litigation" Toxics Law Reporter 24 (2009): 1231-1236.
Available at: http://works.bepress.com/richard_faulk/27