Download or read book Toxic Torts and Environmental Law Compendium written by and published by . This book was released on 2017-03-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toxic Torts Deskbook written by M. Stuart Madden and published by CRC Press. This book was released on 2018-01-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toxic Torts Deskbook is a concise, readable text covering the fastest-growing area of tort and personal injury litigation.Toxic tort suits involve claims arising from exposure to products ranging from pesticides to industrial solvents, manufacturing waste, and asbestos and present unique questions regarding causation, degree of hazard, and expert testimony.Written for environmental professionals as well as attorneys, Toxic Torts Deskbook describes the principal causes of suits for negligence, nuisance, trespass, warranty, strict tort liability, and liability for abnormally dangerous activities. For environmental, product, and workplace injuries from toxic exposure, the book discusses the elements a claimant must plead and prove, as well as defenses, statutes of limitations for long latency harms, and limited immunity for government contractors. "Citizen suits" that individuals may bring to vindicate rights granted by state or federal environmental statutes and insurance coverage issues, including the metes and bounds of the "pollution exclusion", are also covered.
Download or read book Law of Environmental and Toxic Torts written by M. Stuart Madden and published by West Academic Publishing. This book was released on 2005 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the theories of liability that private plaintiffs may rely upon to recover for environmental or toxic harms. Presents special procedural problems of causation posed by Environmental and Toxic Torts. Addresses special harms that often relate to seeking recovery for future, but as yet unrealized, consequences of their exposure to toxic substances. Regards the role of state and federal statutes and regulations in private tort actions, including discussion of express and implied preemption and the Supreme Court decisions. Discusses proposals for reform of the tort system.
Download or read book The Canadian Law of Toxic Torts written by Lynda Collins and published by . This book was released on 2014 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law of Toxic Torts written by Michael Dore and published by . This book was released on 1987 with total page 1484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental and Toxic Tort Matters written by and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental and Toxic Tort Trials written by Allan Kanner and published by . This book was released on 2001 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toxic Torts and Environmental Law written by State Bar of South Dakota. Committee on Continuing Legal Education and published by . This book was released on 1988 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cutting Green Tape written by Richard L. Stroup and published by Transaction Publishers. This book was released on with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances. Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government. The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
Download or read book Toxic Torts in a Nutshell written by Jean Macchiaroli Eggen and published by West Academic Publishing. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toxic Tort Law blends private and public law resulting in its own set of unique problems and challenges. Because this area is gaining prominence, it's developing its own jurisprudence. Introduces the study of toxic torts and identifies the theories of liabilities, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Covers special defendants, defenses, causation, injuries, and damages. Text also addresses mass toxic torts and delves into the case of environmental tobacco smoke.
Download or read book Toxic and Environmental Torts written by Robin Craig and published by West Academic Publishing. This book was released on 2024-08-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.
Download or read book Environmental Litigation written by Bruce T. Wallace and published by John Wiley & Sons. This book was released on 1994 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toxic Torts and Environmental Law written by Defense Research Institute and published by . This book was released on 1998 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toxic Torts written by Carl F. Cranor and published by Cambridge University Press. This book was released on 2008-01-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. tort, or personal injury law, cloaked behind increased judicial review of science, is changing before our eyes, except we cannot see it. U.S. Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical altered how courts review scientific testimony and its foundation in the law. The complexity of both science and the law mask the overall social consequences of these decisions. Yet they are too important to remain hidden. Mistaken reviews of scientific evidence can decrease citizen access to the law, increase incentives for firms not to test their products, lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, greater judicial scrutiny increases litigation costs and attorney screening of clients, and decreases citizens' access to the law. This book introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be enhanced in toxic tort cases.
Download or read book Environmental Litigation written by Janet S. Kole and published by Section of Litigation American Bar Association. This book was released on 1999 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Brave New World written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
