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Global warming tort litigation
Boutrous, Theodore J. ; Lanza, Dominic
Boutrous, Theodore J.
Lanza, Dominic
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"Climate change litigation is booming. The past five years have witnessed a proliferation of global warming lawsuits brought under an array of novel legal theories. This article focuses on the subset of global warming cases involving “public nuisance” claims. In those cases, various plaintiffs (including state governments, environmental groups, Mississippi landowners, New Yorkers, and Alaskan villagers) have brought tort claims against members of the oil, automobile, and electric utility industries under the theory that the targeted defendants’ carbon dioxide (“CO2”) emissions contribute to the public nuisance of global warming. To date, these lawsuits have proved uniformly unsuccessful. Four federal district courts have entertained such claims, and all four courts have dismissed for lack of justiciability." (p.1)
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2008
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With permission of the license/copyright holder