March 21, 2007

According to this New Jersey Law Journal contribution by Stuart M. Feinblatt and Monique Cofer, both of Sills Cummis Epstein & Gross, promoters of greenhouse-gas litigation have pressed into service four main bodies of law: the Clean Air Act, National Environmental Policy Act, state environmental law, and perhaps most ambitiously, nuisance law. "Given the wide range of people potentially affected by environmental conditions, efforts to certify class actions are inevitable." Three key defenses? Political question/judicial competence concerns, standing, and causation. (earlier)