The Inapplicability of Traditional Tort Analysis to Environmental Risks: The Example of Toxic Waste Pollution Victim Compensation

Stanford Law Review, Vol. 35, p. 575, February 1983

46 Pages Posted: 14 Dec 2009

See all articles by Palma Joy Strand

Palma Joy Strand

Creighton University Graduate School, Department of Interdisciplinary Studies

Date Written: February 1983

Abstract

Toxic waste disposal injuries are fundamentally different - in the time lag between disposal and injury and in the indeterminacy of causation of the injury - from the immediate, individualized wrongs for which tort law developed. This article examines the divergence of these injuries from the traditional archetypal tort, paying particular attention to whether or not the goals of tort law apply in this new context. It shows that both specific statutes and the essential characteristics of the toxic waste problem prevent realization of traditional tort goals. Characterizing toxic waste pollution as an “environmental risk,” the article derives a proposed compensation scheme for toxic waste injuries.

Keywords: environmental risk, toxic waste pollution, tort analysis, toxic torts, toxic waste disposal, tort causation

JEL Classification: K10, K32

Suggested Citation

Strand, Palma Joy, The Inapplicability of Traditional Tort Analysis to Environmental Risks: The Example of Toxic Waste Pollution Victim Compensation (February 1983). Stanford Law Review, Vol. 35, p. 575, February 1983 , Available at SSRN: https://ssrn.com/abstract=1520617

Palma Joy Strand (Contact Author)

Creighton University Graduate School, Department of Interdisciplinary Studies ( email )

2500 California Plaza
Omaha, NE 68178
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
93
Abstract Views
882
rank
341,064
PlumX Metrics