In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases…more
This presentation framed my recent speech at RTM Communication's Sustainable Development in San Franciso, California. It analyzes the policy choices available for sustainable development and climate change issues in the context…more
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…more
Atlantic Richfield Company, et al v....
The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in…more
Connecticut v. American Electric Power
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…more
History teaches us that the natural development of our land and resources has been a contentious undertaking. Until recently, the issues that today make up the corpus of “environmental law” were not to be found in…more
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…more
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