Nuisance Tort Litigation

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Presentation transcript:

Nuisance Tort Litigation Climate Change Public Nuisance Tort Litigation Prof. Tracy Hester University of Houston Law Center Houston, Texas Oct. 16, 2017

Climate Change Nuisance Lawsuits: Many Causes, Many Claims Courts as Battlefields in Climate Fights Erosion of the shoreline in Kivalina, Alaska, has led to a closely watched climate-change lawsuit. By JOHN SCHWARTZ Published: January 26, 2010

The Big Three Connecticut v. AEP (2d Cir.) Eight AGs sued five power companies U.S. Supreme Court ruled that federal common law nuisance claims were displaced by Clean Air Act Comer v. Murphy Oil Co. (5th Cir.) Class action suit for Katrina property damages Targets oil, coal, chemical and insurance companies Fifth Circuit dismissed in very odd fashion; district court dismissed re-filed complaint and Fifth Circuit has upheld the second dismissal Native Village of Kivalina v. Exxon Mobil (9th Cir.) District court in California dismissed as political question Ninth Circuit dismissed on displacement grounds as well

Climate Change Liability -- Key Thoughts and Themes Should fate of nuisance suits differ? Relief sought (injunctions vs. damages)? Claims and harms alleged? Types of plaintiffs bringing claims? The battle to get into court is different than the battle within the court Causation Effectiveness of remedy

Future Directions in Climate Change Litigation (discuss in next class) State law claims and lawsuits Public trust doctrine lawsuits Adaptation of tactics and strategy from tobacco and asbestos litigation Collateral effects of certain claims (conspiracy)

Tallies emissions back to 1882 Claims about 5 percent of historical global carbon emissions from Exxon Alleges most releases occurred after climate concerns first raised

Climate Attribution Science and Litigation?

Extreme weather events that arose partially from anthropogenic climate change:

Questions? Professor Tracy Hester University of Houston Law Center tdheste2@central.uh.edu 713-743-1152 (office)