Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
When Should We Prefer Tort Law To Environmental Regulation?, Keith N. Hylton
When Should We Prefer Tort Law To Environmental Regulation?, Keith N. Hylton
Faculty Scholarship
There are two broad models of regulation: statutory schemes carried out by administrative agencies with the help of public enforcement agents, and highly discretionary common law rules developed over time through litigation. Environmental regulation is dominated by the first model, with relatively little of it done through litigation of tort claims. The reason may be largely historical: tort law has always been viewed as local in design and impact, while environmental law has always had a global aim. But it need not be this way. More than anything, tort law has been flexible, and thus capable of responding to new …