Easier Said Than Done: Displacing Public Nuisance When States Sue for Climate Change Damages

摘要

The displacement analysis, unto itself, poses a challenge, because it has been formulated in so many ways, none of which provide a strict test. The displacement analysis is additionally complicated when the plaintiff is a quasi-sovereign, because federalism concerns bleed into the sepa-ration-of-powers context. Lastly, the displacement analysis is uniquely complicated when the common-law cause of action is that of public nuisance, which ties into law from other branches. In light of these challenges, one would hope the Supreme Court would grant certiorari to AEP and weigh in on these issues.