Greenhouse Gas Politics and Climate Change Public Nuisance Litigation

Abstract

In late 2009 three long-awaited decisions were handed down in the main climate change public nuisance cases. In one case, the Northern District of California became the latest trial court to dismiss plaintiffs’ claims, while in the others the Second and Fifth Circuits reversed, allowing the plaintiffs' claims to proceed. The decisions all have been appealed. The ultimate outcome of the appeals could be affected by several legislative and administrative initiatives that are expected to see further development in 2010. This article reviews some of those initiatives and discusses their relevance to the nuisance litigation.