Environmental Protection And The Common Law
Within the broad framework of the common law of tort, the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious...
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Lowry (U. of Warwick) and Edmunds (U. of Sussex), both professors of law, have assembled essays that highlight some of the principal debates over toxic tort law (suits brought for damage to the environment) in the UK and the EU. Within the broad framework of the common law of tort, the torts of nuisance and the rule in Rylands v. Fletcher are central in protecting the rights of landowners from unreasonable interference and material damage to their interests. However, there are increasing concerns that common law principles cannot protect the environment, concerns so pointed that environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. The writer of the foreword, a judge, even advocates an Environmental Court. And so these 11 essays by scholars from British academe, focus on the ever-evolving challenge of accommodating the common law of tort with emerging calls for environmental protection. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR
