Michael Blumm, ‘A Dozen Landmark Nuisance Cases and Their Environmental Significance’

ABSTRACT
… This paper traces the evolution of nuisance law through examining a dozen landmark cases. It suggests that where it is not federally displaced or preempted by state statutes, nuisance law remains a viable cause of action for injured landowners, particularly where the issue is left to juries. Given the hostility of the Supreme Court, nuisance may not be available to combat greenhouse gas emissions, but the felt necessities of the 21st century, including the evident damages due unrestrained atmospheric pollution and ocean acidification, could encourage a move away from defining a nuisance based on wholesale balancing on economic grounds and a return of nuisance doctrine to its origins as a kind of strict liability for uses inflicting substantial injuries on their neighbors and the public at large.

Blumm, Michael C, A Dozen Landmark Nuisance Cases and Their Environmental Significance (June 24, 2019).

First posted 2019-06-27 05:54:57

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