5th Circuit Too Allows Carbon-as-Nuisance Suit

Following up on our earlier post, the 5th Circuit Court of Appeals has also chimed in on the carbon-as-nuisance debate, and agreed with the 2nd Circuit that such suits can go forward.  Most interesting, the 5th Circuit case was brought by private citizens who were victimized by Hurricane Katrina and who claim that global warming caused or contributed to the disaster.  (We are quite anxious to see the “Daubert” briefing on this one).
See the opinion here, and the 2nd Circuit opinion here.