Viewpoint: The Death of Environmental Common Law?

, The National Law Journal


The federal common law of ­public nuisance, age 74, of Erie, Pa., passed away peacefully with his family at his side on Sept. 21. He is survived by two daughters, the Clean Air Act and the Clean Water Act, both of Washington, D.C., and many grandchildren living across the nation. The cause of death was the U.S. Court of Appeals for the Ninth Circuit's decision in Native Village of Kivalina v. ExxonMobil, 12 C.D.O.S. 10915.

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