Warmers’ Threaten Nuisance Lawsuits
Global Warming Advocates Threaten Blizzard of Lawsuits
By Gene J. Koprowski
March 29, 2010
Environmentalists, unable to squeeze "cap and trade" rules through the U.S. Senate, have a new strategy for combating what they believe is man-made global warming:
They’re going to sue.
They’re revving up their briefs and getting ready to shop for judges who will be sympathetic to their novel claim that the companies they believe contribute to global warming are a "public nuisance."
The environmentalists allege that individual companies are responsible for climate change because they have emitted greenhouse gases during the course of their operations. Those gases, they say, have "harmed" them by fostering Hurricane Katrina, eroding the shorelines of America’s coasts and causing global warming.
"People have a right to sue for redress of grievances," said Lee A. DeHihns III, a partner with law firm Alston & Bird’s environmental and land development group and a former associate general counsel with the EPA. He said global warming is a "public nuisance," just like a neighbor with a loud stereo. "You can sue for an intentional infliction of harm, a nuisance," said DeHihns, whose firm is consulting with plaintiffs pursuing these cases…
Companies should sue groups like this as a 'public nuisance' and other grounds.