ABSTRACT
A private claimant can only sue in public nuisance if they suffered special damages or have the consent of the Attorney General (the ‘Standing Rule’). The Standing Rule was initially designed to prevent multiple trials, frivolous claims, claims brought for improper motives, and political litigation. The first three of those purposes are obsolete. They are especially unnecessary in class actions – the normal vehicle for public nuisance claims. The fourth purpose is still relevant, but only to some public nuisance claims. Specifically, this article argues that it is not relevant for cases alleging (1) widespread interference with private property or (2) interference with well-established public rights or resources; but it is still relevant for cases alleging (3) breaches of morality or public policy. Thus, this article argues that the Standing Rule should be abolished for cases alleging (1) and (2) but should be retained for cases alleging (3).
Abdulla, Adil, Standing is a Nuisance: The Case for Abolishing Certain Limits on Standing for the Tort of Public Nuisance (November 11, 2025), Windsor Review of Legal and Social Issues, volume 46, pp 61-83.
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