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Nuisance

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA) preemption by...

How Lawsuits Could Ignite an Energy Market: The Case of Anaerobic Digestion

This Article demonstrates that it is possible for lawsuits to ignite a market for an innovative energy technology that otherwise would be too costly to implement. For example,
early adopters of a technology might be able to create...

AEP v. Connecticut—Global Warming Litigation and Beyond

On June 21, 2011, the U.S. Supreme Court in American Electric Power (AEP) v. Connecticut held that the Clean Air Act (CAA), and the U.S. Environmental Protection Agency (EPA) actions it authorized, displaced any federal common-...

Getting Back to Basics: Why Nuisance Claims Are of Limited Value in Shifting the Costs of Climate Change

Editors' Summary

Climate change is a global problem to which everyone contributes and from which everyone suffers in unequal proportions. Therefore, common-law nuisance is not a strong theory for plaintiffs to use to shift their...

Global Warming: The Ultimate Public Nuisance

Editors' Summary:

In 2004, eight states filed suit against five major U.S. electric power companies. Together, these companies contribute 25% of the United States' total carbon dioxide emissions. The states' complaint, based on...

Nuisance Law and the Prevention of "Genetic Pollution": Declining a Dinner Date With Damocles

In the quarter century since the first applications of recombinant deoxyribonucleic acid (DNA) technology in agriculture were submitted for regulatory approval in the United States, genetically modified organisms (GMOs) have come to...

Anti-Nuisance Legislation: Can the Derogation of Common-Law Nuisance Be a Taking?

Common-law nuisance actions have long been a part of our jurisprudence.1 Landowners who are not reasonable in their use of property can be restrained under an action in nuisance. While courts have balanced the...

Nuisance and the Recovery of "Stigma" Damages: Eliminating the Confusion

Owners of residential property located near, and at risk from, a source of contamination, like owners of property that has actually been contaminated, often find it difficult, if not impossible, to sell their property and usually cannot...

Property Rights and Responsibilities: Nuisance, Land-Use Regulation, and Sustainable Use

Editors' Summary: This Article addresses the effect of the U.S. Constitution's Takings Clause on the government's authority to protect environmental resources. An earlier Article, published in the May 1994 ELR, analyzed...