- Richard Faulk, Davis Wright Tremaine LLP
- Neil Merkl, Kelley, Drye & Warren LLP
After long being a mere remnant of the old English common law, public nuisance has been experiencing an elongated renaissance. Courts have expanded the elastic doctrine into an all-purpose cause of action. As a result, lawsuits have alleged that everyday products such as paint, life-saving drugs, and pervasively regulated sources of carbon emissions are an unlawful nuisance. Our speakers will trace this tort’s transformation, discuss its current applications, and explain why judges should curtail its growth.