nuisance
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Trends in Climate Change Lawsuits: State Common Law Issues
As we have discussed in our previous blog posts, a growing form of climate change litigation in the United States consists of lawsuits filed by states or municipalities against private industry, and more specifically, the fossil-fuel industry. States, cities and other units of local government have filed lawsuits alleging state common law theories, including nuisance,… Continue reading
28 U.S.C. § 1442, 28 U.S.C. § 1447(d), appellate, assert climate change claims, Baltimore, Chevron, City of N.Y. v. BP P.L.C.. 325 F. Supp. 3d 466 (S.D.N.Y. 2018), Clean Air Act, Climate Change, Consumer Protection Act, failure to warn, federal court, Fossil fuel, litigation, local government, Maryland’s Consumer Protection Act, Mayor and City Council of Baltimore v. BP PLC, nuisance, Oakland, petition for a writ of certiorari, remand order, Rhode Island, San Mateo, state court, Supreme Court, trespass -
Supreme Court Holds EPA’s Authority to Regulate Greenhouse Gases Displaces Federal Nuisance Suit
On June 20, 2011, the Supreme Court issued its opinion in American Electric Power Co., Inc. v. Connecticut, No. 10-174, a case in which the U.S. Court of Appeals for the Second Circuit had held that eight states, New York City, and three land trusts could bring a claim under the federal common law of… Continue reading
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U.S. Supreme Court Denies Petition to Consider Comer GHG Nuisance Decision
On January 11, 2011, the U.S. Supreme Court denied the petition for a writ of mandamus filed by the plaintiffs in Comer v. Murphy Oil U.S.A., a climate change common law case with an unusual procedural outcome in the Fifth Circuit Court of Appeals. In re Comer, et al., No. 10-294 (docketed Aug. 30, 2010).… Continue reading
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Fifth Circuit Dismisses Hurricane Katrina Climate Change Appeal
On May 28, 2010, in Comer v. Murphy Oil U.S.A, the U.S. Circuit Court of Appeals for the Fifth Circuit issued an order dismissing the appeal of a climate change nuisance case involving the effects of Hurricane Katrina. Comer v. Murphy 5th Cir. Order May 26 2010. Continue reading