Public Nuisance and Locality Legal Reform
Public nuisance law has historically been a narrowly tailored legal tool used to address legitimate threats to public health, safety, and welfare. However, in recent years, its use has expanded well beyond that original purpose—creating uncertainty for businesses and opening the door to lawsuits based on broad or untested legal theories.
Legislation moving through the Tennessee General Assembly—HB2069 (Rep. Chris Todd) and SB2418 (Sen. John Stevens)—aims to restore clarity and ensure public nuisance law is used as intended.
What the Legislation Does
At its core, the bill establishes clear definitions of what constitutes a public nuisance, reinforcing the traditional common law understanding. This added clarity helps ensure that claims are grounded in legitimate, well-defined harms—not stretched interpretations that can lead to costly and prolonged litigation for Tennessee businesses.
Why It Matters
Across the country, public nuisance claims have increasingly been used to pursue policy objectives through the courts rather than through the legislative process. This creates an unpredictable legal environment and exposes businesses to lawsuits that fall outside the original scope of the law.
By clearly defining public nuisance, this legislation provides greater certainty for employers while preserving the law’s intended purpose.
Promoting Transparency and Accountability
The legislation also addresses the growing use of contingency fee agreements between local governments and private attorneys in large-scale litigation. Under this proposal, political subdivisions must receive approval from the Tennessee Attorney General before entering into these agreements when cases have statewide implications.
This ensures that lawsuits with broader impact are handled with appropriate oversight and consistency, rather than through a patchwork of local actions.
Protecting the Proper Role of Government
Importantly, the bill does not eliminate public nuisance law or prevent local governments from pursuing legitimate claims. Instead, it reinforces responsible use of the law while promoting good governance, ensuring that major policy decisions are addressed through the appropriate legislative or statewide legal channels.