Common Law Actions to Protect the Environment

1
Common Law Actions to Protect the Environment

• COURSE
• Professor
• Date

2
Four Common Law Actions that Can Reach
Environmental Injury

• Strict Liability
• inherently dangerous activities
• abnormally dangerous conduct
• Negligence
• breach
• of a legal duty
• that causes (actually and proximately)
• damages

3
Common Law Actions, cont

• Trespass
• intentional
• physical invasion
• of someone elses real property
• Nuisance
• unreasonable interference with someone elses use
  or enjoyment of his/her real property
• PRIVATE or PUBLIC

4
Limitations of Nuisance as Environmental Law
Oregon v. Chemical Waste Storage Disposition

• Burden is on plaintiff, not on actor
• Plaintiff must prove actual or imminent harm to
  the environment actor does not have to prove
  safety
• As a result, plaintiffs often have to wait until
  harm has already occurred
• Balancing test can be unpredictable