Common Law Remedies: A Refresher

摘要

Editors 'Summary: Recent lawsuits by state and local governments, public interest organizations, and private citizens against electric companies, automobile companies, and lead paint manufacturers signify the reemergence of the common law as a powerful tool for protecting the environment. In this Article, Denise E. Antolini and Clifford L. Rechtschaffen provide a broad introduction to various common law theories that can be used to protect the en vironment, including trespass, nuisance, strict liability, and public trust. They conclude with a discussion of when and how environmental statutes preempt federal and state common law claims. [Editors' Note: This Article appears in the book Creative Common Law Strategies for Protecting the Environment, edited by Clifford Rechtschaffen and Denise Antolini, published in 2007 by ELI Press.