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A second wind for public nuisance law?

Despite the predominant failure of campaigns to use public nuisance law as a surrogate for product liability in areas like guns and lead paint, plaintiffs are finding courts willing to entertain sweeping applications of nuisance doctrine in more conventional environmental-law settings, according to Steven R. Williams and R. Trent Taylor of McGuire Woods and James T. Lynn of duPont, in the NLJ. Taylor also has an article in BNA (PDF) sounding the alarm about a January federal decision in favor of North Carolina in its nuisance suit over Tennessee Valley Authority utility emissions, which he says could foreshadow advances for global-warming litigation -- though Chuck Moellenberg of Jones Day contends that the TVA case does not present as much novelty as all that, at least as to its nuisance-law angle.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.