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Environmental Protection and the Common Law

Edited By: John Lowry and Rod Edmunds

Hart Publishing Ltd

Hardback | Dec 2000 | #170928 | ISBN: 1901362930
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NHBS Price: £45.00 $58/€49 approx

About this book

Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes.

The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

...there is much here that environmental lawyers will find instructive, stimulating and controversial.this book offers much for present lawyers to reflect upon.Stephen TromansJournal of Environmental LawJune 2002


Victorian foundations?, Raymond Cocks; nuisance, the morality of neighbourliness and environmental protection, James Penner; controlling atmospheric pollution - a test case for tort, John Murphy; from the individual to the environmental - tort law in turbulence, Robert G. Lee; tort and environmental pluralism, Keith Stanton and Christine Willmore; statutory liability for contaminated land - failure of the common law?, Owen McIntyre; nuisance and environmental protection, Karen Morrow; marking the boundary - the relationship between private nuisance, negligence and fault, Paula Giliker; stigma damages, amenity and the margins of economic loss - quantifying perceptions and rears, John Lowry and Rod Edmunds; towards a European tort law on the environment? European Union initiatives and developments on civil liability in respect of environmental harm, Martin Hedemann-Robinson and Mark Wilde; environmental protection and the role of the common law - a Scottish perspective, Jeremy Rowan-Robinson and Donna McKenzie-Skene.

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John Lowry LLB,LLM, FRSA, is Professor of Law at University College London.

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