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Advancing the Rebirth of Environmental Common Law

35 Pages Posted: 6 Apr 2006  

Jason J. Czarnezki

Pace University - School of Law

Mark L. Thomsen

Cannon & Dunphy, S.C.; Marquette University - Law School

Abstract

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.

Keywords: common law, greenhouse gases, nuisance

Suggested Citation

Czarnezki, Jason J. and Thomsen, Mark L., Advancing the Rebirth of Environmental Common Law. Boston College Environmental Affairs Law Review, Vol. 34, 2007; Marquette Law School Legal Studies Paper No. 06-21. Available at SSRN: https://ssrn.com/abstract=895221

Jason J. Czarnezki (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Mark L. Thomsen

Cannon & Dunphy, S.C.

United States

Marquette University - Law School

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

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