Advancing the Rebirth of Environmental Common Law
Jason J. Czarnezki
Pace University - School of Law
Mark L. Thomsen
Cannon & Dunphy, S.C.; Marquette University - Law School
Boston College Environmental Affairs Law Review, Vol. 34, 2007
Marquette Law School Legal Studies Paper No. 06-21
Federal law often fails to mitigate environmental harm. An alternative litigation response when federal avenues prove ineffective is reliance on state common law doctrines, especially public and private nuisance. A rebirth of the common law is occurring. This Article provides examples of the rebirth of the environmental common law and suggests how common law claims and remedies in the environmental context can mitigate environmental harm.
Number of Pages in PDF File: 35
Keywords: common law, greenhouse gases, nuisanceAccepted Paper Series
Date posted: April 6, 2006
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