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Unit 5 Common Law Solutions to Environmental Problems

Unit 5 Common Law Solutions to Environmental Problems. Lateral & subjacent support Strict liability - unimproved Negligence - improved. Water Rights. Surface waters Doctrine of riparian rights Reasonable use - NC rule English rule No diminution in flow or quality

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Unit 5 Common Law Solutions to Environmental Problems

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  1. Unit 5 Common Law Solutions to Environmental Problems • Lateral & subjacent support • Strict liability - unimproved • Negligence - improved

  2. Water Rights • Surface waters • Doctrine of riparian rights • Reasonable use - NC rule • English rule • No diminution in flow or quality • Except unlimited use for domestic purposes • Navigable waters • May not obstruct navigation

  3. Water Rights • Runoff (surface water not in defined channels) • Reasonable use - NC • Common enemy rule (English) • Subterranean waters in defined channels

  4. Water Rights • Percolating groundwater • Absolute ownership • Reasonable use - NC

  5. Air and Light

  6. Remedies in Tort • Trespass • Intentional physical invasion of land of another • Protects right of possession • Exemplary (punitive) damages • Distinguish from crime of trespass

  7. Remedies in Tort • Nuisance • Protects right to use and quiet enjoyment • Public vs. private • Class • Intentional (theory of most actions) • Strict liability • Negligence

  8. Elements of negligence • Existence of a duty • Breach of duty • Proximate (legal) causation • Actual damages

  9. Relief in a nuisance action • Abatement (injunctive relief) • Damages (money) • Both • Balancing of hardships & benefits

  10. Comments • Economic impact of common law approach/externalities • Problems of proving causation • Lack of guidelines • Uncertainty

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