WHEN SHOULD WE PREFER TORT LAW TO ENVIRONMENTAL REGULATION? |
Keith N. Hylton
Boston University School of Law Working Paper 01-11
This paper, prepared for the 2001 Washburn Torts Seminar, argues that
tort law has some properties that make it superior to statute-based regulatory
schemes as a system of environmental protection. In particular, two arguments,
one based on enforcer-malfeasance and one based on information, suggest
that tort law is preferable to statutory regulation. I sketch these arguments
and apply them to nuisance law. The result is a set of conditions or rules-of-thumb
for determining where tort law is preferable to environmental regulation.
The framework implies that emission standard regulation can and should
be implemented without preempting nuisance law.
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Keith N. Hylton Contact Information
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215
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