Evergreen? The Environmental Law of Torts

15 Pages Posted: 8 Mar 2015

See all articles by Lynda Margaret Collins

Lynda Margaret Collins

University of Ottawa - Common Law Section

Date Written: 2014

Abstract

The law of toxic torts – those arising from toxic pollution and products – has often been viewed as an application of old doctrine to new problems. While it is true that tort law existed long before the widespread dissemination of toxic chemicals, the common law of nuisance has, since its inception, protected a range of environmental rights and interests. This article will argue that the law of nuisance is a species of environmental law, has always functioned as a form of environmental regulation, and ought to be applied and interpreted as such in the modern era.

Keywords: toxic tort, tort law, nuisance, environmental law, environmental regulation, law and the environment

Suggested Citation

Collins, Lynda Margaret, Evergreen? The Environmental Law of Torts (2014). (2014) 22 Tort L Rev 107; Ottawa Faculty of Law Working Paper No. 2015-12. Available at SSRN: https://ssrn.com/abstract=2574821

Lynda Margaret Collins (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 (Phone)

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