Full 5th Circ. To Hear Katrina Public Nuisance Case

By Jesse Greenspan

Law360, New York (March 02, 2010, 4:45 PM ET) -- Just when climate change public nuisance litigation seemed to be gaining momentum, a federal appeals court has decided to reconsider whether a putative class of property owners along the Mississippi Gulf Coast has standing to accuse dozens of oil and chemical companies of adding to the ferocity of Hurricane Katrina through their emissions of greenhouse gases.

The U.S. Court of Appeals for the Fifth Circuit issued an order Friday granting the defendants' petition for a rehearing en banc, thus vacating a three-judge panel decision from October....
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