Civil liability for environmental damage
Subtitle: comparative analysis of law and policy in Europe and the US
By: Mark Wilde
Edition: Second edition.
Series: Energy and environmental law & policy series, supranational and comparative aspects -- volume 23
Publisher: Kluwer Law International
Published: 2013
Place of publication: Alphen aan den Rijn, The Netherlands
Language: eng
Number of pages: 342
ISBN-13: 9789041132338
Subjects: Liability for environmental damages
Description: "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 remains topical. 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"--Unedited summary from book cover.
Notes: Includes bibliographical references and index.
Table of contents: title: The law of tort and the environment : an introduction to the debate and foundational issues --; title: Conventional tort based approaches to environmental harm --; title: Establishing liability for environmental damage : main issues --; title: The role of tort in an environmental context --; title: The European and international dimensions --; title: Strict liability --; title: Reducing the burden of proof on causation --; title: Access to justice I : liberal conferral of standing --; title: Access to justice II : class or group actions --; title: Remedies for environmental damage --; title: Financial provision for extended civil liability --; title: Conclusion : the nature of tort based liability in an environmental context.