Term
| tolling relationship (p47 Allied Chemical & Kepone) |
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Definition
| Mutual benefits. Corps. Arrange such “independent subcontracting” relationships not only for production cost-cutting but also to limit potential liability for environmental, labor, and other legal consequences. |
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Definition
| a judicial decision that should be followed by a judge when deciding a later similar case |
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Term
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Definition
the degree of mental knowledge that a defendant must have in order to be found liable
for an intentional tort; the harm to plaintiff must foreseeably have been “substantially likely to occur.” |
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Term
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Definition
| As in “Borland”, the defendant claims that, because it is operating its facility in compliance with regulatory requirements, it cannot be subjects to tort liability for any resulting pollution. Consistantly rejects most time, court will take into account that the permits were followed to show due care was exercised. Policy terms, a good defense? |
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Term
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Definition
statutory limitation on amount of time which may pass before a claim by a
plaintiff expires and not to be heard; “speak now or forever hold your peace.” |
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Term
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Definition
| the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush."- basically waiting too long and then circumstances change |
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Term
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Definition
| Court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and Specific Performance. Alternatively, a non-monetary remedy, such as an Injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury. |
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Term
| prima facie case (for causes of action) |
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Definition
what a plaintiff must set out in order to claim a judicial remedy; the basic elements
of a cause of action that will add up to a finding of liability (if no critical element is disproved at trial and no defense is proved that prevents a finding of liability).
4 Elements:
1. Invasion of Property
2. Civil Intent (knowledge)
3. Reasonable Foreseeability
4. Substantial damage to property |
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Term
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Definition
| A loss or damage without injury. Refers to a situation where the plaintiff can’t recover. Old case involving negligence. Plaintiff harmed but court said “how could company know?” No legal injury but is harmed |
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Term
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Definition
| Everyone seeks to maximize their benefits from sources that are exhaustible and effect all others when used/polluted. Env. Law has sought to account of costs to society from those who caused them “re-internalization” of the costs, or the polluter-pays principle |
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Term
| liability/causation/damages |
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Definition
the burden of legal responsibility placed upon a defendant when a plaintiff makes out a
successful cause of action against the defendant; or an obligation one is bound in law or justice to
perform. |
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Term
| Rachel Carson (read compass?)-- Silent Spring (1962 |
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Definition
| author-forced gov and business to confront the dangers of pesticides- he faced an outburst of public reaction and a backlash from chemical companies. Yet throughout her personal and public struggles, she was an informed spokeswoman for environmental responsibility. She was a classic introvert who exhibited few of the typical qualities associated with leadership, like charisma and aggressiveness. |
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Term
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Definition
| A sand County Almanac --Leopold was influential in the development of modern environmental ethics and in the movement for wilderness conservation. His ethics of nature and wildlife preservation had a profound impact on the environmental movement, with his ecocentric or holistic ethics regarding land.[1] He emphasized biodiversity and ecology and was a founder of the science of wildlife management.[2] |
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Term
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Definition
Conservation, Preservation, estoration
1)Building societies based on conservation, not waste 2) preserving what we can’t replace 3) working with nature to help restore what we have degraded or destroyed |
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Term
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Definition
rule that a final judgement rendered by a court on the merits is conclusive as to the rights
of the parties and constitutes an absolute bar to a subsequent action involving the same claim, demand or cause of action. Could be used as a defense- The principle is that it can only apply if the same party is involved and it was the same issue |
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Term
| Federal Rules of Civil Procedure (eg, rules 8, 14) |
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Definition
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Term
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Definition
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Term
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Definition
Anything that works hurt, inconvenience, or damage to another; anything done by one
which annoys or disturbs another in the free use, possession or enjoyment of her property, or which renders its ordinary use or occupation uncomfortable.greenhouse gases (GHGs) and nuisance
federal common law and GHGs |
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Term
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Definition
Public violation of a public right either by a direct encroachment upon a public right or
property or by doing some act which tends to a common injury, or by omitting to do some act which the common good requires, and which it is the duty of a person to do, which results in injury ot the public. |
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Term
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Definition
| nuisance which threatens injury to individuals rather than the public. |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Tort cause of action for the physical invasion of a party's property |
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Term
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Definition
| Behavior of defendant- breach of a duty owed by one party to another resulting in liability. approximate cause, damages/harm |
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Term
| Strict Liability- p97 read |
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Definition
concept of no-fault liability in tort law where a party is liable for all injuries resulting s
from the mechanism under the defendant’s control. |
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Term
| Joint and Several Liability |
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Definition
responsible together and individually; the person who has been
wronged can sue and recover from one or both of the parties |
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Term
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Definition
| an important or significant factor that is not necessarily the only factor leading to a plaintiff's injury but is sufficient to have caused the injury by itself |
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Term
| multiple causation/indeterminate causation |
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Definition
| cannot fully determine who it was. Beginning of causation chapter there is discussin to READ |
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Term
| Independent Concurring torts |
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Definition
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Term
direct and indirect injury (Pruitt)(pg.38,48)
Allied Chemical- direct and indirect |
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Definition
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Term
| farm nuisance suit act/right to farm law |
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Definition
| statutory requirement that codifies coming to the nuisance. Handout. Read up |
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Term
| coming to the nuisance(p88) |
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Definition
| Spur v. Del Webb- saying that the plaintiff could have avoided the conflict by settling elsewhere. D was there before the Plaintiff. Not always a good defense. No reason that somebody who is behaving as a nuisance should have the right to interfere with property rights just because nobody was there to complain. Factor to be considered but not always a defense. |
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Term
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Definition
| permits a manufacturer to avoid liability in a design defect case if at the time of manufacture there was no safer design available, or in a failure to warn case if at the time of manufacture there was no way the manufacturer could have known of the danger he/she failed to warn against. |
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Term
| statutory preemption of common law |
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Definition
| Someone polluting and someone injured. Preemption means something is not allowed anymore. Normally environmental statutes do not preempt the common law. AmElectric power case is exception. Type of defense- not a very successful one |
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Term
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Definition
| The wise use movement in the United States is a loose-knit coalition of groups promoting the expansion of private property rights and reduction of government regulation of publicly held property. This includes advocacy of expanded use by commercial and public interests, seeking increased access to public lands, and often opposition to government intervention. Wise use proponents describes human use of the environment as "stewardship of the land, the water and the air" for the benefit of human beings. The wise use movement arose from opposition to the environmental movement, and critics see it as anti-environmentalist. |
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Term
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Definition
| chart in text- know names and what they mean – the circles (first chapter p 16) |
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Term
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Definition
Citizen suits are lawsuits that are brought by individuals or nonprofit groups under the provisions of certain environmental laws. Because agencies do not catch and prosecute all violators of environmental statutes, citizen suits can be extremely useful, empowering anyone with an interest in environmental protection to demand that laws be enforced
-if used, fewer hurdles for plaintiffs |
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Term
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Definition
| -general chapters- states tend to not have strict enforcement of env law b/c they want to encourage industry. Also referred to as “race to the bottom”. One of the reasons we need federal law that sets minimum standard that states can’t go below. |
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Term
| independent contractor (and liability issues) |
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Definition
| If you have an employee, you are responsible for his torts. Independent contractor is different because when you hire them, you are not in control of their duties. Generally not responsibly for their torts. Exceptions: ask them to do something to illegal, or when you hire a negligent company. Schenectaty case^^ |
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Term
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Definition
| Power company case- Sup Court -> fed common law nuisance was no good bc of clean air act and that gave EPA authority to regulate---a question of federal common law→… agency should decide not the court |
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Term
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Definition
| Spur v Del Webb- Public nuisance. Plaintiff is usually a gov agency. Generally a private plaintiff can’t do a pub nuisance case unless private plaintiff with a special injury can bring a public nuisance case. Special injury has to be different from the harm of the rest of the people who had injury. Del webb could bring it because they couldn’t sell houses and that was a unique injury. |
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Term
| prospective (anticipatory) nuisance (Wilsonville) |
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Definition
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Term
| Restatement 2nd of Torts §§ 519 & 520(pg 97) |
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Definition
519 -General Principles
(1) One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent such harm
(2) Such strict liability is limited to the kind of harm, the risk of which makes the activity abnormally dangerous.
520 -Abnormally Dangerous Activities
In determining what constitutes an abnormally dangerous activity, under restatement 520, the following factors are to be considered:
(a) Whether the activity involved a high degree of risk of some harm to the person, land, or chattels of others;
(b) Whether the gravity of the harm which may result is likely to be great;
(c) Whether the risk cannot be eliminated by the exercise of reasonable care;
(d) Where the activity is not a matter of common usage;
(e) Whether the activity is inappropriate ot the place where its carried on; and
(f) The value of the activity to the community |
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Term
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Definition
| the law does not cure trifles (mess with petty cases) |
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Term
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Definition
| typical – pay plaintiff back- easy to deal with past- harm in the past |
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Term
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Definition
| loss of future quality of life |
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Term
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Definition
| -(how to calculate?)-pg.118- Chart made to be a base for agreement on permanent damaged |
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Term
| Punitive damages (p.73,120,128 |
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Definition
compensation designed to restore the status quo, punish extreme disregard for others, absence of standards for quantification, courts can adjust them
Remittitur- courts right to reduce punitive damages- |
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Term
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Definition
reducing of a verdict because of the excessiveness of the award; often required of a plaintiff
as a condition of affirmance of the judgment entered upon the verdict. |
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Term
| injunction (contempt of court) |
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Definition
| noun form of the verb enjoin; an order prohibiting or forcing an action |
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Term
| restoration remedy(p16,24,50,109,119,130) |
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Definition
| working with nature to hep restore what we have degraded or destroyed |
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Term
| natural resource damage(p22,50,57,130,134)- |
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Definition
| awards for ecoystems destroyed by oil spills, etc |
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