Professor Lin Comments for Bloomberg BNA on Public Nuisance Suits
Professor Albert Lin commented for Bloomberg BNA on the increasing use of public nuisance suits by cities and states seeking to hold businesses accountable for damages to public health. The article cites the increased difficulty in bringing class action lawsuits, the success of public nuisance litigation against tobacco companies, and uncertainty over federal enforcement as factors in the trend.
“The use of public nuisance as an alternative to class actions seems plausible because public nuisance is a backstop to tort law,” said Lin. “If there is a reduced ability to bring grievances, it makes sense to ask ‘where else might we turn?’”
Albert Lin is a professor at the UC Davis School of Law with special interests in environmental law, natural resources law, and evidence.