Paving The Way For GHG Public Nuisance Claims?

Law360, New York (October 22, 2009, 3:25 PM EDT) -- In a groundbreaking and lengthy analysis, the U.S. Court of Appeals for the Second Circuit held that eight states, New York City and three land trusts could bring public nuisance claims against owners of some of the largest U.S. electric power plants, alleging that the plants’ greenhouse gas emissions contribute to global warming.

Plaintiffs seek to cap and reduce these coal-fired power plants’ carbon dioxide emissions, under principles of the federal common law of nuisance.

Overturning the lower court’s decision on Sept. 21, 2009, the appellate...
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