Developments In Climate Change Nuisance Litigation

Law360, New York (November 5, 2009, 12:54 PM EST) -- After a multiyear lull in judicial activity, the one-month period between Sept. 21 and Oct. 16, 2009, provided a series of surprising and potentially explosive developments in global warming nuisance liability law.

Over the last few weeks, three federal court decisions, each from different regions of the country, weighed in on the issue of whether greenhouse gas emission nuisance claims were barred on “political question” and/or “constitutional standing grounds.”

In decisions that defied conventional wisdom, two of the three courts concluded that individual plaintiffs could pursue...
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