ENVI 312 Lecture Notes - Lecture 2: Proximate And Ultimate Causation, Velsicol Chemical Corporation, De Minimis
1 Feb 2017
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Document Summary
Tort causes of action in the environmental arena. Common law is being used in environmental cases, playing a critical role in private litigation. Provides foundation and backdrop for statutes and regulations. Used in environmental law when plaintiffs in the 1960s persuaded judges that environmental harms are real and should be remedied in accordance to principles of tort law. Sanders lead company (appellee) east of borland (appellants) property. Appelle installed a filter to catch lead particles, but it was failing, catching on fire, and appellants argued it damaged their property bc of accumulation of lead particles. Maxim de minimis non curat lex was applied the law does not concern itself with trifles. This case, though, was not a trifle, the borlands suffered. The statute of limitations often extends further back in time for trespass than for nuisance & trespass actions tend to encourage the grant of injunctions.
