Author: Gerald W. BostonPublisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 308
Book Description
Law of Environmental and Toxic Torts
Author: Gerald W. BostonPublisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 308
Book Description
Law of Environmental and Toxic Torts
Author: M. Stuart MaddenPublisher: West Academic Publishing
ISBN:
Category : Liability for environmental damages
Languages : en
Pages : 1096
Book Description
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.
Toxic and Environmental Torts
Author: Robin Kundis CraigPublisher: West Academic Publishing
ISBN: 9780314926944
Category : Liability for environmental damages
Languages : en
Pages : 0
Book Description
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.
The Canadian Law of Toxic Torts
Author: Lynda CollinsPublisher:
ISBN: 9780888047144
Category : Liability for environmental damages
Languages : en
Pages : 305
Book Description
Toxic and Environmental Torts
Author: Robin CraigPublisher: West Academic Publishing
ISBN: 9781684677566
Category : Law
Languages : en
Pages : 0
Book Description
The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.
Toxic Torts in a Nutshell
Author: Jean Macchiaroli EggenPublisher: West Academic Publishing
ISBN: 9780314922823
Category : Toxic torts
Languages : en
Pages : 0
Book Description
This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It covers special defendants, such as employers and governmental entities, workers compensation, preemption, causation and scientific evidence, and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and climate change.
Toxic Torts Deskbook
Author: M. Stuart MaddenPublisher: CRC Press
ISBN: 1351094254
Category : Law
Languages : en
Pages : 223
Book Description
Toxic Torts Deskbook is a concise, readable text covering the fastest-growing area of tort and personal injury litigation.Toxic tort suits involve claims arising from exposure to products ranging from pesticides to industrial solvents, manufacturing waste, and asbestos and present unique questions regarding causation, degree of hazard, and expert testimony.Written for environmental professionals as well as attorneys, Toxic Torts Deskbook describes the principal causes of suits for negligence, nuisance, trespass, warranty, strict tort liability, and liability for abnormally dangerous activities. For environmental, product, and workplace injuries from toxic exposure, the book discusses the elements a claimant must plead and prove, as well as defenses, statutes of limitations for long latency harms, and limited immunity for government contractors. "Citizen suits" that individuals may bring to vindicate rights granted by state or federal environmental statutes and insurance coverage issues, including the metes and bounds of the "pollution exclusion", are also covered.
Environmental and Toxic Tort Trials
Author: Allan KannerPublisher:
ISBN:
Category : Toxic torts
Languages : en
Pages : 678
Book Description
Cutting Green Tape
Author: Richard StroupPublisher: Transaction Pub
ISBN: 9780765806185
Category : Law
Languages : en
Pages : 333
Book Description
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.
Author: Charles Pugh