The Applicability of Nuisance Law to Invasive Plants: Can Common Law Liability Inspire Government Action?
Virginia Environmental Law Journal, Vol. 24, p. 183, 2005
48 Pages Posted: 24 Oct 2010 Last revised: 30 Nov 2013
Date Written: 2005
Invasive plants increasingly reshape ecosystems in the United States, damaging the environment on public and private lands. Because invasive plants propagate across political boundaries, neither states nor local law can successfully combat their spread. Moreover, existing federal laws do little to address invasive plants. This article explores the obstacles to political action and suggests that common law nuisance claims could be successfully brought against those responsible for introducing invasive plants and could inspire Congress to enact appropriate legislation.
Keywords: Environmental Law, Invasive Species, Public Nuisance, Private Nuisance
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