Public Nuisance: Public Rights, Private Rights and the Common Good
Document Type
Article
Publication Title
Journal of Law, Economics & Policy
Version
revised draft (pre-publication), Nov. 24, 2021
Journal Abbreviation
J.L. Econ. & Pol’y
Abstract
State and federal courts face a rising number of common law public nuisance claims brought by environmental and climate advocates. This paper examines those claims in the context of traditional common law nuisance doctrine with a particular focus on the separation of powers and the role of courts in constitutional democracy. In brief, the paper concludes that public nuisance is an artifact of a time when common law courts performed a police power function that is no longer appropriate given the police power responsibilities of the modern legislative and administrative branches of government.
First Page
1
Last Page
29
Publication Date
2022
Recommended Citation
James L. Huffman,
Public Nuisance: Public Rights, Private Rights and the Common Good,
17
J.L. Econ. & Pol’y
1
(2022).
Available at:
https://lawcommons.lclark.edu/faculty_articles/237
Comments
Page numbers in the draft version of the article linked here differ from the final published version, which appeared on pp. 314-346 of Vol. 17, Issue 2 of the Journal of Law, Economics & Policy.