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Common Law Actions to Protect the Environment

This course explores four common law actions that can be taken to address environmental injury: strict liability, negligence, trespass, and nuisance. It also delves into the limitations and challenges associated with applying these actions in environmental law. The case of Oregon v. Chemical Waste Storage & Disposition is examined to highlight the burden of proof for plaintiffs and the unpredictability of balancing tests.

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Common Law Actions to Protect the Environment

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  1. Common Law Actions to Protect the Environment COURSE Professor Date

  2. Four Common Law Actions that Can Reach Environmental Injury • Strict Liability: • inherently dangerous activities • abnormally dangerous conduct • Negligence • breach • of a legal duty • that causes (actually and proximately) • damages

  3. Common Law Actions, con’t • Trespass • intentional • physical invasion • of someone else’s real property • Nuisance • unreasonable interference with someone else’s use or enjoyment of his/her real property • PRIVATE or PUBLIC

  4. Limitations of Nuisance as Environmental Law: Oregon v. Chemical Waste Storage & Disposition • Burden is on plaintiff, not on actor • Plaintiff must prove actual or imminent harm to the environment; actor does not have to prove safety • As a result, plaintiffs often have to wait until harm has already occurred • Balancing test can be unpredictable

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