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Liability for environmental damages --- Responsabilité pour dommages à l'environnement --- Responsabilité pour dommages à l'environnement --- Environmental damages, Liability for --- Environmental law --- Liability (Law) --- Torts --- Liability for environmental damages - Europe --- Liability for environmental damages - United States
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Aansprakelijkheid voor milieuschade --- Dommages à l'environnement [Responsabilité pour ] --- Environmental damages [Liability for ] --- Environnement [Responsabilité pour dommages à l' ] --- Liability for environmental damages --- Milieuschade [Aansprakelijkheid voor ] --- Responsabilité pour dommages à l'environnement --- Liability for environmental damages. --- United States --- Europe --- Liability for environmental damages - United States. --- Liability for environmental damages - Europe.
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Each year, the number of serious accidents with devastating consequences for the environment continues to grow. Legal issues arising from such incidents highlight the impact of environmental damage not only on people and places, but on the interests of those held responsible. Moreover, it is now a truism to assert that pollution does not respect national frontiers – a perspective that greatly complicates matters of standing and jurisdiction. In this context the law of tort, whether it occurs through case law developments or legislative intervention, comes to the fore. In the decade since the appearance of the first edition of this seminal work, the author has discerned indications that the debate on the role of tort in environmental law has moved on from the pros and cons of specific proposals to a more systemic approach. As litigants continue to test tort-based principles, some in hitherto uncharted waters such as climate change, the prospect of establishing tort as a component in a system of environmental protection has come to the fore. In this thoroughly revised and updated edition, the author has sharpened his focus on such aspects of this emerging system as the following : climate change litigation; maritime pollution; nuclear liability; GMO liability; and implications of especially significant cases such as Deepwater Horizon, Niger Delta litigation, and Fukushima. Through a detailed analysis of the fundamental nature of tort and the wider arguments concern-ing its proper function in modern society, this book offers compelling conclusions regarding how tort can play a part in developing a public trust doctrine in environmental law. No one with an interest in the development of environmental law can afford to ignore it.
Comparative law --- Liability for environmental damages --- Droit comparé --- Responsabilité pour dommages à l'environnement --- Environmental damages, Liability for --- Environmental law --- Liability (Law) --- Torts --- Droit comparé --- Responsabilité pour dommages à l'environnement --- Liability for environmental damages - Europe --- Liability for environmental damages - United States --- Etats-Unis --- Suède --- Allemagne --- Finlande --- Danemark --- Royaume-Uni --- Autriche --- France --- Pays-Bas
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Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
Global warming --- Liability for environmental damages. --- Liability for environmental damages --- Réchauffement de la Terre --- Responsabilité pour dommages à l'environnement --- Law and legislation. --- Law and legislation --- Droit --- Réchauffement de la Terre --- Responsabilité pour dommages à l'environnement --- Law --- General and Others --- Global warming - Law and legislation --- Global warming - Law and legislation - United States --- Liability for environmental damages - United States --- Environmental law
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Environmental protection. Environmental technology --- Tort and negligence --- United States --- Accident law --- Accidents --- Liability for environmental damages --- Personal injuries --- Environnement --- --Droit --- --États-Unis --- --Accident law --- Environmental damages --- LIABILITIES --- ACCIDENTS --- Monograph --- Accidents. --- Common accidents --- Injuries --- Diseases --- First aid in illness and injury --- Violent deaths --- Disasters --- Emergencies --- Injuries (Law) --- Liability for personal injuries --- Employers' liability --- Torts --- Law, Accident --- Negligence --- Causes and theories of causation --- Law and legislation --- Accident law - United States --- Accidents - United States --- Liability for environmental damages - United States --- Personal injuries - United States --- Droit --- États-Unis --- United States of America
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This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides readers with an understanding of how these lawsuits have shaped approaches to mitigation and adaptation, and have been used to try to force and to block regulation. There is a particular emphasis on lawsuits in the United States and Australia, the two jurisdictions which have had the most climate change litigation in the world, and the lessons provide broader insights into the role of courts in addressing climate change.
Climatic changes --- Actions and defenses --- Liability for environmental damages --- Environmental damages, Liability for --- Environmental law --- Liability (Law) --- Torts --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Changes, Climatic --- Changes in climate --- Climate change --- Climate change science --- Climate changes --- Climate variations --- Climatic change --- Climatic fluctuations --- Climatic variations --- Global climate changes --- Global climatic changes --- Climatology --- Climate change mitigation --- Teleconnections (Climatology) --- Law and legislation --- Environmental aspects --- Global environmental change --- Climatic changes - Law and legislation - Australia --- Climatic changes - Law and legislation - United States --- Actions and defenses - Australia --- Actions and defenses - United States --- Liability for environmental damages - Australia --- Liability for environmental damages - United States
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