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Theories of Liability in Environmental Torts

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Contribution and Indemnification

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Legal principles that allow a party held liable in a tort to seek a proportionate recovery from other parties who are also responsible for the harm. Applicable in environmental clean-up situations involving multiple parties.

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Negligence

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A party's failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. Applicable to cases where there is a breach of a duty of care resulting in environmental harm.

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Nuisance

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An interference with the right to use and enjoy land. Can be applied to cases of pollution or noise that crosses property boundaries and affects other landowners.

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Vicarious Liability

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The principle by which an employer is held liable for the tortious acts of its employees that are conducted within the scope of their employment. This can be applied to cases where employees cause environmental harm while working for their employer.

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Strict Liability

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Liability that is imposed without finding fault for any harm resulting from abnormally dangerous activities, such as storing hazardous materials. This doctrine can apply to cases involving toxic spills or explosions.

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Public Trust Doctrine

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Principle that certain natural and cultural resources are preserved for public use, and that the government owns and must protect and maintain these resources for the public's use. Relevant to cases involving pollution of navigable waters or air.

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Market Share Liability

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A legal theory that distributes liability among manufacturers proportional to their share of the market when the specific source of harmful exposure cannot be determined. Applied in cases involving widespread environmental contamination with multiple possible sources.

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Trespass

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An intentional and unlawful intrusion onto someone else's land. Concerns environmental cases where contamination physically invades a property.

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Enterprise Liability

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A concept where all parties in an enterprise (such as an industry) can be held responsible for harm caused, based on the notion of collective responsibility. Cases of industry-wide pollution practices may invoke this liability.

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Environmental Impact Assessment

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Requirement for federal agencies to evaluate the potential effects of a proposed action on the environment before proceeding. Utilized in cases where large-scale projects may significantly affect the environment.

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