Expansion of Liability under Public Nuisance

18 Supreme Court Economic Review 1 (2010)

George Mason Legal Studies Research Paper No. LS

Posted: 3 May 2019

See all articles by Henry N. Butler

Henry N. Butler

George Mason University - Antonin Scalia Law School, Faculty

Todd J. Zywicki

George Mason University - Antonin Scalia Law School, Faculty; PERC - Property and Environment Research Center

Date Written: 2010

Abstract

From guns to lead paint to sub-prime mortgages to global climate change, use of the common law doctrine of public nuisance to recover damages allegedly caused by the actions of multiple parties over many years is rising. These efforts have met with mixed results, and there are serious doubts about the legitimacy of public nuisance as a means to extract compensation for such widespread harms. Surprisingly, recent public nuisance litigation had been neglected by leading scholars. In order to bring more scholarly insights to the appropriateness of recent public nuisance actions, the Searle Center on Law, Regulation, and Economic Growth commissioned four papers for presentation and discussion at a Research Roundtable at Northwestern University School of Law in April 2008. Roundtable participants included professors, practicing attorneys, and government regulators. Following eight hours of lively discussion, the authors revised their papers to incorporate the comments received. Those papers are presented in this volume of the Supreme Court Economic Review.

Suggested Citation

Butler, Henry N. and Zywicki, Todd J., Expansion of Liability under Public Nuisance (2010). 18 Supreme Court Economic Review 1 (2010); George Mason Legal Studies Research Paper No. LS . Available at SSRN: https://ssrn.com/abstract=3381719

Henry N. Butler (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8644 (Phone)

Todd J. Zywicki

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8091 (Phone)
703-993-8088 (Fax)

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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