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June Court Report: Oklahoma Decision Rejects Novel Use of Public Nuisance Claim
July 10, 2024 | Sandy Dornsife
Public nuisance’s common law application prohibits an individual or entity from using its own property to infringe upon a public right, addressing situations like loud noises, foul smells, and water pollution. Creative litigants have attempted to apply it to a more expansive range of issues, such as holding companies responsible for addiction and climate change. While most of these have been rebuffed, several have ended in private settlements and claims continue to appear across the country. In June, Oklahoma’s Supreme Court released an opinion for a case in which the plaintiffs included the last remaining survivors of the 1921 Tulsa Race Massacre. The Court found that the claims fell outside the scope of the state’s public nuisance laws. Ongoing attempts to stretch the use of “public nuisance” across the country mean that it is only a matter of time before the other state courts must address the issue, as well.