What happened: The American Tort Reform Association (ATRA) has released a new report exposing the growing misuse of public nuisance litigation, which is now being weaponized and targeted to entire industries over complex societal issues.

Tell me more: The report details how plaintiffs’ lawyers use public nuisance claims to bypass traditional liability principles and hold businesses accountable for “far-reaching societal problems, regardless of fault or causation.”

• Critically, the report warns that abusive public nuisance lawsuits that target lawful activities like producing oil and gas and plastic packaging could lead to unprincipled liability, higher consumer costs, and harm to American businesses’ competitiveness.

TLR Thoughts: Attorneys representing government entities have resurrected the ancient “public nuisance doctrine” as a mechanism to regulate society through litigation. Courts shouldn’t be engaged in shaping public policy—only in evaluating the specifics of each case and applying the law accordingly. TLR is advocating this session for narrow legislation (SB 779) that will protect the Legislature’s authority to set public policy, while preserving nuisance lawsuits for use when appropriate.

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