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

intertwined.