Is the Public Nuisance Universe Expanding?

Professor Anthony Sebok

January 31, 2017 Bloomberg BNAThe recent filing of several high-profile public nuisance cases fighting waterway contamination, lead paint and negligent distribution of opioid medications may signal a growing trend, attorneys and law professors say.

Some underlying causes are rules that make it tougher to bring class action lawsuits, the success of public nuisance tobacco litigation, and scientific advances that make it easier to track pollutants back to manufacturers, they say.

And if the incoming Trump administration pursues fewer federal enforcements, the next four years may be fertile ground for even more public nuisance filings.

Read more in Bloomberg BNA. 

Three things are necessary to bring a public nuisance claim, Professor Anthony Sebok at Cardozo Law School, New York, told Bloomberg BNA. “There has to be a public nuisance to abate and law to support a public nuisance claim. But you also need the will or political capital,” Sebok said.