September 01, 2019

The second wave of climate change public nuisance litigation

Albert C. Lin

When the U.S. Supreme Court held in AEP v. Connecticut (AEP) that the Clean Air Act displaced federal common law public nuisance claims against power companies responsible for emitting carbon dioxide, it left open the issue of whether a state public nuisance claim was available. Nearly a decade later, state and local governments (as well as a fishing industry trade group) are bringing a second wave of climate change public nuisance cases—this time based on state law.

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