Читать книгу Industrial Environmental Management - Tapas K. Das - Страница 155

The common law of tort is an important tool for the resolution of environmental disputes that fall beyond the confines of regulated activity. Prior to the modern proliferation of environmental regulation, the doctrines of nuisance (public or private), trespass, negligence, and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes. These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change (Lehman and Phelps 2004).

The common law also continues to play a leading role in American water law, in the doctrines of riparian rights and prior appropriation.