Trespass, nuisance, and the evolution of common law in modern pollution cases

Article Abstract:

Four common law theories, trespass, nuisance, strict liability and negligence, are consistently used by landowners seeking remedies for pollution of their property. These theories have evolved in response to the different issues involved in pollution cases to limit liability while achieving results that are just and in the public's interest. Reasonableness is likely to become the dominant basis for common law pollution cases under any of the four theories. Four main pollution cases are analyzed.

Environmental aspects, Common law

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Lender liability, CERCLA, and other things that go bump in the night

Article Abstract:

The D.C. Circuit Court in Kelley v. EPA has ruled that the EPA has no power to decide what constitutes a lender in terms of liability for environmental damages under CERCLA. The EPA addressed the definition of lender in numerous statements, effectively using the level of management activity of the lender as a gauge for potential liability. The Circuit court's ruling clouds the situation and gives lenders and loan seekers no guidelines on which to base their activity.

Lender liability

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The reserved water rights doctrine

Article Abstract:

The reserved water rights doctrine allows the federal government to reserve water for land set aside for parks or other specific purposes. The 9th Circuit, interpreting the doctrine in the 1995 Alaska v. Babbit case, held that navigable waters in which the US had reserved rights were, in fact, considered public lands. The concept of prior appropriation is also discussed.

Laws, regulations and rules, Water rights

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