Creative Common Law Strategies for Protecting the Environment
426 pages
|
6 x 9
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, wildlife, and much more.
"A fascinating review of the varied ways environmental activists are increasingly turning to the common law to remedy the effects of several decades of federal courts' anti-environmental activist decisions. Creative Common Law Strategies provides environmental practitioners with helpful and potentially adaptable strategies. This book deserves a place in the library of all lawyers committed to environmental and social justice."
Peter Earle, Trial Magazine"This book dramatically captures the ways that common law theories are being used by environmental plaintiffs around the country, as well as the obstacles that remain. All environmental litigators-whether they represent plaintiffs, defendants, or some of each-will find the book an invaluable guide to a territory whose boundaries are still being explored."
Michael B. Gerrad, Arnold & PorterTo see the Table of Contents Click here
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