A law professor, a law student, and a lawyer have written a Working Paper on lawsuits that aim to hold greenhouse gas producers liable for global warming.  Laurence H. Tribe, Joshua D. Branson & Tristan L. Duncan, "Too Hot for Courts to Handle:  Fuel Temperatures, Global Warming, and the Political Question Doctrine", Washington Legal Foundation Working Paper No. 169 (Jan. 2010).

They view GHG cases as beyond the courts' proper role:

[C]ourts squander the social and cultural capital they need in order to do what may be politically unpopular in preserving rights and protecting boundaries when they yield to the temptation to treat lawsuits as ubiquitously useful devices for making the world a better place.

Id. at 2.  They criticize judges who see common law claims like nuisance as "constitutionally acceptable and pragmatically useful tools with which to manage temperature's effects.  Like the proverbial carpenter armed with a hammer to whom everything looks like a nail, those judges are wrong."  Id. at 3.

Last September, the Second Circuit upheld a global warming complaint over a "political question" defense.