property

The Anthropocene and private law

Areas such as torts and property will face significant challenges

I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior. In this post, I want to spin out some of the implications of …

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Environmental Law as a Three-Legged Stool

Ad. Law provides the process and institutions, while Torts and Property concepts underly the substance.

Environmental law is a formidable tangle of long, complicated statutes and sometimes arcane judicial doctrines. But underneath all that, I’d like to suggest, there’s a very simple structure, rooted in legal basics. The procedural and structural framework for environmental law is provided by administrative law, supplemented in a few areas like Superfund by ordinary civil …

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