...ENVIRONMENTAL LAW PRIVATE REMEDIES Civil Law * written codes which rely on statutory material, traditions * Judges has small role Common Law * Based on customs of the areas, precedents * Judge made law – cases decided by judge US * Mostly statutory, but judges are important * Interpret statues * Judge decides if not codified * Criminal – against State * Civil – all other Environmental Law not very effective if using private remedies PRIVATE REMEDIES | GOOD | BAD | Develop theory and needs | After the fact | Push legislation | Disorganized | Day in court | Costly | Money damages | Only personal damages | Tort Law - wrongful acts vs. contract law 1. Negligence a. Duty owned b. Unreasonable act c. Personal Injury d. Ex: pesticides 2. Trespass e. Tied to property rights f. Property invasion g. Ex: dam building (H2O invasion) 3. Nuisance h. Tied to unreasonable use interfering with another’s use i. Property use damaged j. Loss of livability k. Can’t move TO a nuisance l. Standing question i. cannot sue unless suffer special damage ii. different in kind, not just degree m. Ex: smoke, sewage treatment, hog farm, airport CIVIL REMEDIES 1. Monetary damages – personal things $ can fix 2. Injunctive relief – environmental, $ can’t replace, make do something a. Negative – DON’T...
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