Tort law in the age of regulations†.

The article examines the evolving role of tort law, particularly the public nuisance tort, as a complementary mechanism alongside federal regulatory schemes in addressing public health and safety issues. It identifies three primary functions of tort law in the regulatory era: deterring harms in transitional regulatory gaps, compelling information sharing to inform regulators, and enforcing existing regulations through litigation. The public nuisance tort, defined as an unreasonable interference with a public right, is explored in depth, including its subdivision into public-public and private-public nuisance claims, the latter requiring a "special injury" distinct from general public harm. The article also discusses the potential expansion of public nuisance to include a "public health and safety nuisance per se" tort based on violations of health or safety regulations, while highlighting challenges such as federal pre-emption, extraterritoriality, and limits on recovery. Landmark cases illustrate these issues, underscoring tort law's complex interplay with administrative regulation and its ongoing adaptation to contemporary societal harms.