climate torts
Wildfire Liability in California: A PrimerĀ
California has a unique approach to lawsuits against utilities for causing fires.Ā Ā
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent ā in other words, failed to exercise reasonable care ā plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation.Ā The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGMrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart.Ā More about Palsgraf in a moment. Itās a tort case, so it wonāt surprise you that oil companies use similar arguments against having to pay damages for climate change.Ā But it may be more …
Continue reading “Mrs. Palsgraf, Meet Enviromental Law”
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