The title comes from this article by Richard O. Faulk in RealClearPolitics
March 30, 2018. Text below with my bolds.
After failing in every American political forum since the Paris climate accord was reached two years ago, the climate change movement has once again retreated to the courts. Not surprisingly, these advocates selected California’s federal courts as the forum of choice, counting on their comparatively liberal dispositions to breathe new life into their agenda. Pursuant to this initiative, several California counties and cities have sued numerous defendants, including major oil and gas companies, for emitting and exacerbating emissions of greenhouse gases.
In doing so, the plaintiffs based their claims on the tort of public nuisance, the broadest and vaguest remedy available. Public nuisance has been condemned by legal scholars as “notoriously contingent and unsummarizable” and a “wilderness of law.” William Prosser, one of America’s most famous law…
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