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Author : Lynn L. Bergeson
Release : 2007
Genre : Law
Kind : eBook
Book Rating : 109/5 ( reviews)
Book Synopsis Creative Common Law Strategies for Protecting the Environment by : Lynn L. Bergeson
Download or read book Creative Common Law Strategies for Protecting the Environment written by Lynn L. Bergeson. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Author : Roger E. Meiners
Release : 2000
Genre : Law
Kind : eBook
Book Rating : 090/5 ( reviews)
Book Synopsis The Common Law and the Environment by : Roger E. Meiners
Download or read book The Common Law and the Environment written by Roger E. Meiners. This book was released on 2000. Available in PDF, EPUB and Kindle. Book excerpt: Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Author : John Lowry
Release : 2000-06-20
Genre : Law
Kind : eBook
Book Rating : 850/5 ( reviews)
Book Synopsis Environmental Protection and the Common Law by : John Lowry
Download or read book Environmental Protection and the Common Law written by John Lowry. This book was released on 2000-06-20. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Creative Common Law Strategies for Protecting the Environment by :
Download or read book Creative Common Law Strategies for Protecting the Environment written by . This book was released on . Available in PDF, EPUB and Kindle. Book excerpt: Environmental common law litigation has reemerged in recent years as a powerful second pathway alongside statutory avenues for practitioners, communities, and governments to seek redress to environmental wrongs. Creative Common Law Strategies for Protecting the Environment vividly illustrates that "environmental common law" has never been more alive, and perhaps more needed for meeting complex environmental challenges, than it is today. This book provides an overview of the major common law remedies, and describes the limits of using statutory remedies under environmental citizen suit provisions. The authors describe their experiences in bringing cutting-edge public nuisance actions against car manufacturers and large power producers because of their greenhouse gas emissions; successful products liability actions against the manufacturers of PERC and MTBE for groundwater contamination; path-breaking litigation filed by public entities against the lead paint industry; lawsuits under the public trust doctrine and other common law doctrines to protect water, fish, and wildlife . . . and much more.
Author : Elizabeth Brubaker
Release : 2019-03-21
Genre : Business & Economics
Kind : eBook
Book Rating : 236/5 ( reviews)
Book Synopsis Property Rights in the Defence of Nature by : Elizabeth Brubaker
Download or read book Property Rights in the Defence of Nature written by Elizabeth Brubaker. This book was released on 2019-03-21. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
