Jenner & Block

"Climate Change Nuisance Litigation," For the Defense

In this article Jenner & Block Partner Steven M. Siros and Associate Genevieve J. Essig discuss how global warning’s impact on the climate is an issue moving rapidly from the legislative and executive arenas to the judicial arena. The authors note that Congress’ continued inability to craft comprehensive federal climate regulations has led plaintiffs increasingly to turn to the courts to redress perceived harms caused by climate change. The authors provide an overview of the issues that are common to climate change nuisance litigation. The authors go on to examine Native Village of Kivalina v. ExxonMobil Corp., Comer v. Murphy Oil USA and Connecticut v. Am. Elec. Power Co., three primary climate change nuisance cases currently working their way through the courts. The authors also provide insight on the future of climate change nuisance cases.