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
Suggested Citation: 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