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Article
Premature Burial? The Resuscitation of Public Nuisance Litigation
Toxics Law Reporter (2009)
  • Richard Faulk
  • John Gray
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.
Keywords
  • public nuisance,
  • climate change,
  • standing,
  • political question
Disciplines
Publication Date
Fall October 22, 2009
Citation Information
Richard Faulk and John Gray. "Premature Burial? The Resuscitation of Public Nuisance Litigation" Toxics Law Reporter Vol. 24 (2009)
Available at: http://works.bepress.com/richard_faulk/27/