Availability of private remedies for acid-rain damage

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Ecol. Law Q.; (United States)

OSTI ID:5914353

Fischer, J M

This article considers whether one whose property is injured by acid rain can maintain a private action for damages. It considers how the jurisdictional and venue questions may be resolved to permit acid-rain plaintiffs to bring suit in the state of their choice. Once this is accomplished, plaintiffs must next establish the liability of individual defendants for their injuries. Although acid rain can probably be linked generally to industrial sources, evidence is likely to prove insufficient to match acid rain with particular sources. Plaintiffs may be able to establish liability if the burden of proof on causation is shifted to the defendants once injury to plaintiffs is seen. Recent cases in some states suggest rationales for burden shifting that may apply. Lawsuits would be complex, time consuming, and costly for the courts. Many judges may conclude that problems of such threat to the environment and society as posed by acid rain should be addressed by legislative action. 375 references.

• Research Organization: Southwestern Univ. School of Law, Los Angeles, CA
• OSTI ID: 5914353
• Journal Information: Ecol. Law Q.; (United States), Journal Name: Ecol. Law Q.; (United States) Vol. 9:3; ISSN ECLQA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
500600 -- Environment
Atmospheric-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
ACID RAIN
ATMOSPHERIC PRECIPITATIONS
CIVIL LIABILITY
COURTS
LAWSUITS
LEGAL ASPECTS
LIABILITIES
POLLUTION SOURCES
RAIN