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Business Law Notes: Environmental Law


Common law doctrine of nuisance
Persons may be held liable if they use their property in a manner that unreasonably interferes with others’ rights to use or enjoy their own property. Courts attempt to balance the equities between the harm caused by the pollution & the costs of stopping it.

Negligence: A business polluter is negligent if the business fails to use reasonable care toward a party whose injury was foreseeable. Businesses in ultra hazardous activities are strictly liable for whatever injuries the activities cause. In a strict liability action, the injured party doesn’t need to prove that the business failed to exercise reasonable care.

Toxic torts: Actions against toxic polluters based on common law theories.

Federal Regulation: Congress has passed a number of statutes to control the impact of human activities on the environment. These include: