Bar Exam Toolbox Podcast Episode 105: Listen and Learn -- Public and Private Nuisance
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign emissions. ...more
On September 9th, the City of Charleston filed a complaint against a number of oil companies in state court alleging nuisance, trespass, and unfair trade practices related to the companies’ marketing of petroleum products....more
The Tenth Circuit has recently joined its sister circuits, the Fourth Circuit and Ninth Circuit, in finding that federal courts do not have subject-matter jurisdiction over state-law nuisance claims. A Colorado climate-change...more
WV Supreme Court Mulls Marcellus Shale Mass Litigation Case from Harrison, WV - "While the case centers on Harrison County, where the surface owners live and the Marcellus Shale operations are underway, the case could have...more
Another day, another loss for governments suing oil and gas producers based on the effects of climate change. Yesterday, the Southern District of New York dismissed a nuisance action filed by New York City against five of...more
This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more
Yesterday, a California federal court dismissed Oakland’s climate change lawsuit against five of the world’s largest oil and gas producers, holding that Oakland failed to state an actionable claim for public nuisance. The...more
Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel...more
Recent events have me pondering this question. Most notably, in two court decisions last week, courts ordered the State of Washington and the government of the Netherlands to take more aggressive action against climate...more
Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more