The Relation between Civil Liability and Environmental Regulation: An Analytical Overview
This paper provides an overview of the issues associated with the relation between civil liability and environmental regulation. It addresses the common characteristics of cases involving environmental injury or damage; analyzes the various theories of liability for these harms and the remedies available if liability is imposed; develops a typology of the different relationships between civil liability and environmental regulation; and concludes with some thoughts about the values that are served by preserving a dual system of legal regimes to govern environmental risk.