"[H]e Should at His Peril Keep It There": How the Common Law Tells us That Risk Based Corrective Action is Wrong
Abstract
Many discussion of environmental policy have cleaimed that it needs to move towards a cost-benefit matrix. In particular, criticisms of CERCLA clean-up and other health exposure standards have suggested that we need to adopt a Risk Based Corrective Action (RBCA) in order to handle pollutant exposure most efficiently. However, these proposals miss an important aspect of such pollution exposure - the entity on which the cost falls is different from the one which may bear the clean-up cost. This entitlement shift is important and has value itself. Historically, our common law of torts in particular suggests that such entitlement shifting is not fair and not a part of our legal heritage.
Keywords
torts, CERCLA, RBCA, RCRA, risk based corrective action, common law, environmental law, pollution
Publication Date
2001
Document Type
Article
Publication Information
76 Notre Dame Law Review 341 (2001)
Repository Citation
Flatt, Victor B., ""[H]e Should at His Peril Keep It There": How the Common Law Tells us That Risk Based Corrective Action is Wrong" (2001). Faculty Publications. 2275.
https://scholarlycommons.law.case.edu/faculty_publications/2275
