Merits Brief to US Supreme Court in Public Nuisance Case Challenges "Standardless Liability"


Amicus Curiae Brief on the Merits:

"Such a standardless exercise is not jurisprudential.

Instead, it transforms courts across the United States

into regulatory agencies, requires them to devise ad

hoc standards for each case, applies ex post facto rules

to impose liability, and then mandates enforcement

using the threat of contempt to motivate compliance.

Such a proceeding may be called a trial, but it is

not." (P.30)

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Published In: Constitutional Law Updates, Environmental Updates, Toxic Torts Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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