Advancing the Rebirth of Environmental Common Law
35 Pages Posted: 6 Apr 2006
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
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