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public nuisance

Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation

ELR Article

This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-...

Oakland v. BP PLC

ELR Case

The Ninth Circuit vacated and remanded a district court ruling denying San Francisco's and Oakland's motion to remand to state court a lawsuit alleging that oil companies make and sell products that create a public nuisance—sea-level...

Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership

ELR Case

The Arizona Supreme Court vacated a ruling that a Native American tribe sufficiently alleged standing to bring a public nuisance claim against a resort using reclaimed wastewater to make artificial snow on the San Francisco Peaks in...

Oakland v. BP PLC

ELR Case

A district court granted oil companies' motion to dismiss a lawsuit brought by the cities of Oakland and San Francisco alleging that the companies make and sell products that create a public nuisance—global-warming-induced sea-level...

People of California v. BP P.L.C.

ELR Case

A district court held that San Francisco and Oakland, California, may not remove back to state court their climate change public nuisance actions against several oil companies. The defendants—the largest cumulative producers of fossil...

AEP v. Connecticut—Global Warming Litigation and Beyond

ELR Article

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-...