Application of the Abnormally Dangerous Activities Doctrine to Environmental Cleanups

22 Pages Posted: 14 Mar 2014

See all articles by James Ming Chen

James Ming Chen

Michigan State University - College of Law

Kyle McSlarrow

Independent

Date Written: May 1992

Abstract

The common law tort doctrine of strict liability for abnormally dangerous activities is emerging as a key element of the law of hazardous substance regulation, which has been dominated by CERCLA. The abnormally dangerous activities doctrine exhibits a formidable potential for expansion. Together with the related torts of nuisance and trespass, strict liability for abnormally dangerous activities have already begun to complement CERCLA's scheme for allocating the costs of cleaning hazardous waste sites. The revitalized application of the abnormally dangerous activities doctrine to environmental cleanups may affect insurance coverage.

Suggested Citation

Chen, James Ming and McSlarrow, Kyle, Application of the Abnormally Dangerous Activities Doctrine to Environmental Cleanups (May 1992). Business Lawyer, Vol. 47, No. 3, 1992. Available at SSRN: https://ssrn.com/abstract=2408725

James Ming Chen (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

Kyle McSlarrow

Independent

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