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Articles 1 - 5 of 5
Full-Text Articles in Torts
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Washington and Lee Law Review Online
Municipalities have been trying for decades to hold energy companies accountable for their role in the climate change crisis. In an effort to prevent suits, these companies are pushing the novel legal theory that federal common law provides a basis for jurisdiction in federal court over these claims. Once in federal court, the defendants argue that the very federal common law that served as the basis for removal has been displaced by the Clean Air and Clean Water Acts. This would then justify dismissal of the entire case for failure to state a claim. Luckily for the plaintiffs, nearly all …
Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop
Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop
Washington and Lee Law Review
In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to …
Rehabilitating The Nuisance Injunction To Protect The Environment, Doug Rendleman
Rehabilitating The Nuisance Injunction To Protect The Environment, Doug Rendleman
Washington and Lee Law Review
The Trump Administration has reversed the federal government’s role of protecting the environment. The reversal focuses attention on states’ environmental capacity. This Article advocates more vigorous state environmental tort remedies for nuisance and trespass. An injunction is the superior remedy in most successful environmental litigation because it orders correction and improvement. Two anachronistic barriers to an environmental injunction are the New York Court of Appeals’ decision, Boomer v. Atlantic Cement, and Calabresi and Melamed’s early and iconic law-and-economics article, One View of the Cathedral. This Article examines and criticizes both because, by subordinating the injunction to money damages, they undervalue …
Re-Examining Acts Of God, Jill M. Fraley
Re-Examining Acts Of God, Jill M. Fraley
Scholarly Articles
For more than three centuries, tort law has included the notion of an act of God as something caused naturally, beyond both man's anticipation and control. Historically, the doctrine applied to extraordinary manifestations of the forces of nature, including floods, earthquakes, blizzards, and hurricanes. Despite the significance of the doctrine, particularly in large-scale disasters, scholars rarely engage the act of God defense critically. However, recently, the doctrine has received more substantial criticism. Denis Binder argued that the doctrine should be repudiated as merely a restatement of existing negligence principles Joel Eagle criticized the doctrine, suggesting that it should not exclude …
Air Pollution As A Private Nuisance
Air Pollution As A Private Nuisance
Washington and Lee Law Review
No abstract provided.