Law Of Environmental And Toxic Torts
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Law Of Environmental And Toxic Torts
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Author : M. Stuart Madden
language : en
Publisher: West Academic Publishing
Release Date : 2005
Law Of Environmental And Toxic Torts written by M. Stuart Madden and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Liability for environmental damages categories.
Focuses on the theories of liability that private plaintiffs may rely upon to recover for environmental or toxic harms. Presents special procedural problems of causation posed by Environmental and Toxic Torts. Addresses special harms that often relate to seeking recovery for future, but as yet unrealized, consequences of their exposure to toxic substances. Regards the role of state and federal statutes and regulations in private tort actions, including discussion of express and implied preemption and the Supreme Court decisions. Discusses proposals for reform of the tort system.
Law Of Environmental And Toxic Torts
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Author : Gerald W. Boston
language : en
Publisher: West Academic Publishing
Release Date : 2001
Law Of Environmental And Toxic Torts written by Gerald W. Boston and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Toxic Torts And Environmental Law Compendium
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Author :
language : en
Publisher:
Release Date : 2017-03-20
Toxic Torts And Environmental Law Compendium written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-20 with categories.
Cutting Green Tape
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Author : Richard Stroup
language : en
Publisher: Transaction Pub
Release Date : 2000
Cutting Green Tape written by Richard Stroup and has been published by Transaction Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances. Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government. The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
Cutting Green Tape
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Author : Roger Meiners
language : en
Publisher: Routledge
Release Date : 2018-02-06
Cutting Green Tape written by Roger Meiners and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Law categories.
Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances.Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government.The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
Environmental And Toxic Tort Trials
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Author : Allan Kanner
language : en
Publisher:
Release Date : 2001
Environmental And Toxic Tort Trials written by Allan Kanner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Toxic torts categories.
Toxic Torts In A Nutshell
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Author : Jean Macchiaroli Eggen
language : en
Publisher: West Academic Publishing
Release Date : 2005
Toxic Torts In A Nutshell written by Jean Macchiaroli Eggen and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Toxic torts categories.
Toxic Tort Law blends private and public law resulting in its own set of unique problems and challenges. Because this area is gaining prominence, it's developing its own jurisprudence. Introduces the study of toxic torts and identifies the theories of liabilities, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Covers special defendants, defenses, causation, injuries, and damages. Text also addresses mass toxic torts and delves into the case of environmental tobacco smoke.
Environmental Protection And The Common Law
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Author : John Lowry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-06-20
Environmental Protection And The Common Law written by John Lowry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-20 with Law categories.
Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.
Toxic And Environmental Torts
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Author : Robin Kundis Craig
language : en
Publisher: West Academic Publishing
Release Date : 2011
Toxic And Environmental Torts written by Robin Kundis Craig and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Liability for environmental damages categories.
This completely new casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The principal competing casebook focuses on procedural issues, whereas this book focuses on the substance of toxics in a deep way, exploring--among other issues--the difficulties of employing various scientific methods to address the question of causation. This book carefully considers the role of public law, both in controlling risks and its interaction with private law.
Toxic Torts
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Author : Charles Pugh
language : en
Publisher:
Release Date : 1992
Toxic Torts written by Charles Pugh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.