James Huffman, ‘Public Nuisance: Public Rights, Private Rights and the Common Good’

ABSTRACT
State and federal courts face a rising number of common law public nuisance claims brought by environmental and climate advocates. This paper examines those claims in the context of traditional common law nuisance doctrine with a particular focus on the separation of powers and the role of courts in constitutional democracy. In brief, the paper concludes that public nuisance is an artifact of a time when common law courts performed a police power function that is no longer appropriate given the police power responsibilities of the modern legislative and administrative branches of government.

Huffman, James L, Public Nuisance: Public Rights, Private Rights and the Common Good (October 5, 2021). Journal of Law, Economics and Policy, forthcoming.

First posted 2021-11-26 12:00:39

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