Mark Nevitt and Robert V. Percival write that the Trump administration’s approach toward environmental protection, specifically in climate-change denial, could lead to a revival of common-law nuisance precedent as a way to curb energy deregulation. They assert that nuisance law, which was displaced by federal environmental legislation in favor of agency expertise, could see a return because agencies that willfully ignore climate science “should expect to face judicial intervention.” Read more here.
