Professor Douglas Kysar’s article predicted plaintiffs’ difficulties for success in climate change public nuisance tort lawsuits since on every element—duty, proximate cause, breach, and injury—courts would have to stretch or overcome precedent in order to award relief. Undaunted by this sack of doctrinal lemons, Professor Kysar seeks to make lemonade and suggests climate-
related tort litigation “may have significant secondary effects for the common law,” to wit, that the felt necessity of providing remedies could cause the courts to reassess and surmount these hurdles in the tort law.