Global Warming

Public Nuisance Litigation

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It is hard to think of a more fitting example of a public nuisance than global warming. A public nuisance occurs when somebody unreasonably interferes with a right common to the general public, or does something that endangers or causes great injury to life, health or property. Emitting greenhouse gases into the air contributes to global warming, which in turn causes widespread harm to our environment, to our economy, and to our public health.

Relying on a federal public nuisance theory, and citing United States Supreme Court precedent that dates back one hundred years, the California Attorney General sued companies in the auto industry and the power industry for their contributions to global warming. These two industries are among the largest sources of greenhouse gases in the world. The case against the auto industry has been resolved; the case against the power industry is still pending.