Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

PDF

Pace University

2007

Pace Law Faculty Publications

Common Law

Articles 1 - 1 of 1

Full-Text Articles in Law

Advancing The Rebirth Of Environmental Common Law, Jason J. Czarnezki Jan 2007

Advancing The Rebirth Of Environmental Common Law, Jason J. Czarnezki

Pace Law Faculty Publications

Federal law often fails to mitigate environmental harm. An alternative litigation response when federal avenues prove ineffective is reliance on state common law doctrines, especially public and private nuisance. A rebirth of the common law is occurring. This Article provides examples of the rebirth of environmental common law and suggests how common law claims and remedies in the environmental context can mitigate environmental harm.