Topic
Nuisance
241 published works
Environmental Law Prof Blog
What a Nuisance: Climate Change and Climate Control
Oral argument has now been heard in the case of AEP v. Connecticut, with insightful initial reports out from Legal Planet and SCOTUSBlog. Meanwhile, I’ve been having some thoughts about why…
Rocky Mountain Real Estate Law
The Medical Marijuana Business Down the Street Stinks
Medical marijuana businesses, including grow operations and dispensaries, can now be found in many communities throughout Colorado. The establishment and proliferation of such businesses has presented a number of issues…
Civil Procedure & Federal Courts Blog
Ewing & Kysar on Climate Change, Courts, and the Common Law
By Civil Procedure & Federal Courts Blog
Benjamin Ewing and Professor Douglas Kysar (Yale) have posted on SSRN a draft of their article, Climate Change, Courts, and the Common Law. Here’s the abstract:Not just a system of…
Land Use Prof Blog
Only in Hollywood – Film School vs. Farmers’ Market
In an interesting variation on "coming to the nuisance," the Los Angeles Film School has moved next door to the Hollywood Farmers' Market and is now contesting renewal of the…
PropertyProf Blog
Fracking as Nuisance?
By propertyprof
Thanks to reader Lee Van Put for pointing me to this article arguing that nuisance law might be used to put a break on gas drilling in the Northeast. The…
Land Use Prof Blog
Supreme Court to Hear Case on Nuisance & Global Warming
The U.S. Supreme Court granted cert on Monday to hear American Electric Power Company, Inc. v. Connecticut. The case, on petition from the Second Circuit, was brought by several states against…
Ohio Environmental Law Blog
Obama Administration Opposes Use of Nuisance Claims to Address Climate Change
A group of eight states and conservation groups ("Plaintiffs") have been pushing a massive federal nuisance claim against utilities. The Plaintiffs claim that major emitters of carbon dioxide in twenty states have created,…
CAFA Law Blog
Courtesy of CAFA: State Court Is Free From Swine Waste Odor. Shouldn’t We All Be?
Powell v. Tosh, 2009 WL 3484064, *1+ (W.D. Ky. Oct 22, 2009) (No. 5:09-CV-000121-TBR). Does your swine waste smell? Mine doesn’t. At least that's what the defendants will argue in federal court…
InsureReinsure
Katrina: Claims To Continue Against Defendants Who Allegedly Caused the Emission of Greenhouse Gases That Added to the Ferocity of Hurricane Katrina
On October 16, 2009, in a lawsuit brought by owners of property along the Mississippi Gulf coast that sustained damage from Hurricane Katrina, the U.S. Court of Appeals for the…
Land Use Prof Blog
Smith & Fernandez on Aesthetic Nuisance
George P. Smith II (Catholic) and Griffin W. Fernandez have posted The Price of Beauty: An Economic Approach to Aesthetic Nuisance, Harvard Environmental Law Review, Vol. 15, No. 1, p. 1991. The…