July 10, 2010 23:56 Age: 4 yrs

Nash Publishes Op-Ed Criticizing Fifth Circuit's Decision in Global Warming Nuisance Case

By: Nash, Jonathan

Emory Law Professor Jonathan Nash wrote National Law Journal op-ed arguing that the Fifth Circuit erred, in a recent case against oil and energy companies involving allegations of nuisance arising out of greenhouse gas emissions, in reinstating the opinion of a single district judge dismissing the plaintiffs’ complaint. The court reinstated the district judge’s order after a three-judge appellate panel unanimously reversed the district judge and after a vote by the full Fifth Circuit to rehear the case, on the ground that the appellate court lacked a quorum to proceed further. The op-ed explains that the Fifth Circuit’s decision undermines a litigant’s right of appeal and undermines the legitimacy of the court system.

The op-ed appears in the July 12 edition of the National Law Journal, and also can be found here: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202463364698&th_Circuits_shameful_disappearing_act&slreturn=1&hbxlogin=1

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