Following the Second Circuit decision in Connecticut v. AEP–which reinstated federal public nuisance claims of eight states, New York City, and three land trusts against six power companies over carbon dioxide emissions—the Fifth Circuit rejected a lower court’s findings that global-warming disputes are best resolved by the political branches of government. Instead, the court held that Comer v. Murphy Oil Co. did not require it “to address any specific issue that is constitutionally committed to another branch of government.” The court noted that the property owners could proceed with claims for nuisance, trespass, and negligence because those allegations did not clearly fall under the authority of Congress, the president, or federal law. For the full story, click here.
Fifth Circuit allows property owners to sue over pollution that elevated sea levels and worsened effects of Hurricane Katrina.
October 20, 2009 by Jodie L. Hill
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Jodie L. Hill
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