Legal issues in pollution-engendered torts

Journal Article · · Cato J.; (United States)

OSTI ID:5233049

Best, R K; Collins, J I

Examined are the appropriate limits of liability for harm and potential harm under the tort system of private rights resolution for harm arising from exposure to pollutants. Described are the social context and historical development of tort law focusing upon the question of whether the tort concepts of causation, both actual (scientific) and proximate (legal) can function effectively to achieve just results for both individuals injured and for society. To point out the doctrines affecting limitations on tort recoveries that are of particular importance to pollution tort litigation, key features of four traditional theories of tort recovery (nuisance, trespass, negligence, and strict liability) are presented. The stress on the tort system from the confusion of legal medical, and scientific causation with emphasis on reasons for causal disharmony, the use of scientific causation in the law, the use of statistical evidence, and the concept of harm. The inflexibility of the tort system is discussed in view of the concepts of causation, burden of proof, and identification of the defendant in pollution tort cases. In concluding, broad concepts are suggested to introduce greater flexibility into the tort system in order to lessen the pressure for even greater government in the regulation of pollution, and in the compensation for pollution injuries. (DLS)

• OSTI ID: 5233049
• Journal Information: Cato J.; (United States), Journal Name: Cato J.; (United States) Vol. 2:1; ISSN CAJOD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
COURTS
ENFORCEMENT
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
LAWS
LAWSUITS
LEGAL ASPECTS
LIABILITIES
POLLUTION LAWS
PROPERTY RIGHTS
VIOLATIONS