The Law of Public Nuisance: Maintaining Rational Boundaries on a Rational Tort - Washington Law Blog
Authored June 13, 2006 by Victor E. Schwartz and Phil Goldberg, this article gives a detailed history of public nuisance law and how it is being misused today. It cites several cases including lead paint, MTBE and others, why public nuisance tort theory was used instead of products liability theory, and why this is inappropriate, including the inability to show proximate cause. In discussing MTBE, the authors state: "In implementing the program, the EPA set levels for when MTBE contamination is considered harmful and focused 'on the need to minimize leaks from underground storage tanks.' Thus, the plaintiff would have to establish that the defendant acted outside this regulatory framework in order to pursue a public nuisance action." Read More »
