Environmental Protection And The Common Law
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Author | : John Lowry |
Publisher | : Bloomsbury Publishing |
Total Pages | : 300 |
Release | : 2000-06-20 |
Genre | : Law |
ISBN | : 1847310850 |
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.
Author | : Bruce Yandle |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 216 |
Release | : 1997 |
Genre | : Business & Economics |
ISBN | : |
Nuf-nuf! Educational AND fun for hours and hours! For kids ages 9 to 109. Large print. Word games, picture puzzles, logic puzzles, riddles, mazes, and more. 250 pages packed with intriguing and challenging puzzles! Journey through The World of Magic, Ancient Worlds, Future Worlds, the World Around You, the World of Words, the World of Logic, the World of Strange Things, and the World of Wise Things. New friends are there to help you on your way. Meet the gnome Walton Dalton, Drago the dragon, Princess Leela, Elvish the Elf, and the Tricky Troll brothers. Watch out for the Wizard of Words... he sneaked in dozens of Wizard Words for you to solve. Attend a holiday party, two password parties, and try some tricky brain teasers on for size. Make a paper airplane that can fly, a cup that can hold water, and fold an epic origami crane to amaze your friends and family. Put on your detective hat and solve mysteries: The Case of the Mi$$ing Money, Devious Dognappers, Burglary in the Millionaire's Mansion, and more. Wind your way through a maze of pyramids, a forest, an ancient castle, and outer space! Most of all... have lots of fun while learning new things. Nuf-Nuf!
Author | : Roger E. Meiners |
Publisher | : Rowman & Littlefield |
Total Pages | : 300 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780847697090 |
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 | : Ben Pontin |
Publisher | : |
Total Pages | : 204 |
Release | : 2013-12 |
Genre | : Environmental law |
ISBN | : 9780953940356 |
Author | : Nicholas Askounes Ashford |
Publisher | : MIT Press |
Total Pages | : 1125 |
Release | : 2008 |
Genre | : Environmental law |
ISBN | : 0262012383 |
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Author | : Elizabeth Brubaker |
Publisher | : Routledge |
Total Pages | : 334 |
Release | : 2019-03-21 |
Genre | : Business & Economics |
ISBN | : 0429535236 |
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.
Author | : Dinah Shelton |
Publisher | : UNEP/Earthprint |
Total Pages | : 160 |
Release | : 2005 |
Genre | : Political Science |
ISBN | : 9280725556 |
"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
Author | : David R. Boyd |
Publisher | : UBC Press |
Total Pages | : 470 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0774821639 |
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author | : Corrado Clini |
Publisher | : Springer Science & Business Media |
Total Pages | : 471 |
Release | : 2010-06-29 |
Genre | : Technology & Engineering |
ISBN | : 1402065981 |
This book presents the new EU approach to environmental management and its attempt to place it in the perspective of sustainable development. Written by eminent scientists working on sustainable development, the book covers not only theoretical aspects but also gives practical cases and examples. China and other large and fast growing economies are putting increasing pressures on the global environment, but they are also looking at the European experience with great interest.
Author | : T. Anderson |
Publisher | : Springer |
Total Pages | : 243 |
Release | : 2001-02-02 |
Genre | : Science |
ISBN | : 0312299737 |
The original edition of this seminal book, published in 1991, introduced the concept of using markets and property rights to protect and improve environmental quality. Since publication, the ideas in this book have been adopted not only by conservative circles but by a wide range of environmental groups. To mention a few examples, Defenders of Wildlife applies the tenets of free market environmentalism to its wolf compensation program; World Wildlife Federation has successfully launched the CAMPFIRE program in southern Africa to reward native villagers who conserve elephants; and the Oregon Water Trust uses water markets to purchase or lease water for salmon and steelhead habitats. This revised edition updates the successful applications of free market environmentalism and adds two new chapters.