Uncommon Law: Ruminations on Public Nuisance


The ancient common tort of public nuisance is one of the most

highly visible issues in modern tort jurisprudence. Its growth is

particularly notable in climate change and environmental litigation, where it seems to be the “tort of choice” for plaintiffs seeking breathtakingly broad relief from global warming and trans-border pollution. Traditionally limited to local concerns, the tort now aspires to global dimensions, and its expanding scope has now attracted the attention of the US Supreme Court in American Electric Power v. Connecticut. If its advocates succeed, the “monster that will devour in one gulp the entire law of torts” may be afforded a prime seat at the banquet. This article, based on arguments the author has made in briefs to the Supreme Court, explains why common law courts should reject these expansive arguments.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

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.

© Richard Faulk | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.