This US Supreme Court granted certiorari in this importantcase December 6, 2010. We are currently preparing an amicus brief on the merits, but this breif, which was submitted to support certiorari, previews our arguments.
The brief highlights particular problems raised by the Second Circuit’s decision that merit this Court’s review, particularly the
application of the “political question” doctrine in
public nuisance cases involving climate change. The
history of public nuisance reflects a clear reluctance
to approve its use when liability criteria are not
constrained by geographical boundaries and are not
governed by definitive standards. Similar reasoning
applies to the “political question” doctrine, which
requires dismissal of claims not subject to judicially
discoverable and manageable standards. As this
action is framed, these principles are inseparably
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