Should states sue polluters under state common law?

Neil Katyal, former Acting Solicitor General, won a unanimous decision in a major climate case in the 2010 Term. But some states continue to sue polluters under their public nuisance laws. Katyal–now a partner at Hogan Lovells LLC–said: “I have to try really hard to come up with a lawsuit that’s less appropriate for the federal courts to resolve.” Read more here.