LAW7648 - Environmental and Toxic Torts

LAW7648 - Environmental and Toxic Torts

Course Number: 

7648

Type: 

Seminar

Credits: 

3

Prerequisite:

Environmental Law (LAW 7650)

This course will examine selected topics in the area of environmental and toxic tort litigation. These topics will include: i) federal regulation of toxic materials, e.g. CERCLA and RCRA; ii) common law causes of action, e.g. trespass, nuisance, abnormally dangerous activities, strict products liability, market share and other forms of collective liability; iii) procedural issues in toxic tort litigation; iv) statutory and common law defenses, including statute of limitations and lack of causation; v) use of expert testimony; vi) compensatory and punitive damages, including entitlement to attorneys' fees and litigation costs; vii) insurance coverage for toxic tort personal injury or property damage claims and special insurance problems relating to remedial expenditures under CERCLA or state-law counterparts; and viii) selected specific environmental and toxic torts problems, e.g. interstate air pollution, tobacco products, lead and asbestos pollution, and Agent Orange.