Will Juries Decide Who’s To Blame For Climate Change?

Law360, New York (November 13, 2009, 12:30 PM EST) -- Courts are grappling with the tough legal and policy questions posed by current large-scale climate change litigation across the country. In the last month, federal courts issued three significant decisions about the viability of nuisance claims relating to climate change impacts.

Two appellate court decisions open the door to broad legal claims against utilities and other greenhouse gas emitters for injunctive relief and compensatory and punitive damages. The third, issued by a district court, shut such claims down but will likely be appealed.

What are the...
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