Air Pollution as Public Nuisance: Comparing Modern-Day Greenhouse Gas Abatement with Nineteenth-Century Smoke Abatement

Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts the public’s use and enjoyment of land. In recent years, state local governments have filed public actions against oil companies, hoping hold them responsible climate change. Since no plaintiff has prevailed on merits so far, whether these lawsuits are worth bringing, given other legal avenues available, remains an open question. This Comment situates their appropriate historical context show neither unprecedented nor futile. particular, it examines successful abatement “the smoke evil” nineteenth early twentieth centuries illustrate how law develops over time, interacts with forms regulation, encourages development new technology. concludes can fact succeed merits, and, regardless success, suits promote stricter federal serve expressive function, incentivize air pollution