Creative Common Law Strategies for Protecting the Environment » (New Edition)

This book provides an overview of the major common law remedies, and describes the limits of using statutory remedies under environmental citizen suit provisions.

Trial Magazine

"A fascinating review of the varied ways environmental activists are increasingly turning to the common law to remedy the effects of several decades of federal courts' anti-environmental activist decisions. Creative Common Law Strategies provides environmental practitioners with helpful and potentially adaptable strategies. This book deserves a place in the library of all lawyers committed to environmental and social justice."

— Peter Earle

Acknowledgments vii

Biographies

Editors viii

Authors x

Preface Joseph L. Sax xvii

Part I Introduction

Chapter 1 Roadmap of the Book Clifford L. Rechtschaffen Denise E. Antolini 3

Chapter 2 Common Law Remedies: A Refresher Denise E. Antolini Clifford L. Rechtschaffen 11

Part II Why the Common Law?

Chapter 3 The Limits of Statutory Law and the Wisdom of the Common Law Michael D. Axline 53

Chapter 4 The War of "Clever Hans" on the Common Law of Environmental Law William H. Rodgers 77

Part III Air Quality

Chapter 5 Global Warming: The Ultimate Public Nuisance Matthew F. Pawa 107

Chapter 6 California's Global Warming Lawsuit: The Case for Damages Kenneth P. Alex 165

Chapter 7 Moving a Mountain: The Struggle for Environmental Justice in Southeast Los Angeles Richard T. Drury 173

Part IV Water Resources and Groundwater

Chapter 8 Taming the Tiger in the Tank: The South Tahoe Public Utility District and Its MTBE Litigation Victor M. Sher 199

Chapter 9 Cleaning up the Dry Cleaning Mess: How One City Made Perchloroethylene Manufacturers Pay to Get Their Product Out of Public Drinking Water Michael D. Axline Duane C. Miller 231

Chapter 10 Ke Kalo Pa'a o Waiahole: Use of the Public Trust as a Tool for Environmental Advocacy D. Kapuaala Sproat Isaac H. Moriwake 247

Part V Agricultural Pollution

Chapter 11 Concentrated Animal Feeding Operations and the Common Law: Fixing Wrongs Committed Under the Right to Farm Andrew C. Hanson 287

Part VI Lead-Based Paint Hazards

Chapter 12 Get the Lead Out: The Potential of Public Nuisance in Lead-Based Paint Litigation Katie J. Zoglin 339

Part VII Wildlife and EndangeredSpecies

Chapter 13 Protecting Wildlife and Habitat: The Canopy of the Common Law Jan S. Stevens Tara L. Mueller 375

Index 421