| Description |
1 online resource (244 pages) |
| Series |
Routledge Research in International Environmental Law |
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Routledge research in international environmental law.
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| Contents |
Cover; Title; Copyright; Dedication; Contents; Table of laws and regulations; Table of cases; List of figures; List of tables; List of acronyms; Foreword and acknowledgements; PART I The ozone layer case; 1 The case for stratospheric ozone damage and legal liability; 1.1 Scientific evidence of ozone depletion; 1.2 Outline of the book; 2 Case defendants and evidence; 2.1 The defendants; 2.2 Liability allegations; 2.3 Evidence; 2.3.1 Evidence that the producers could have known an unreasonable risk of harm existed |
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2.3.2 Evidence that chemical producers failed to warn of product dangers and rather promoted that ozone depleting chemicals were safe2.3.3 Evidence that ozone depleting chemical production increased between 1976 and 1992; 2.3.4 Evidence the defendants failed to prevent unreasonable risks of harm by preventing emissions; 2.3.4.1 Technical assessments of available CFC alternatives: 1976-1982; 3 The plaintiffs, damages and liabilities; 3.1 The plaintiffs; 3.2 Injuries: material damages and interferences with public rights; 3.2.1 The ozone layer and increased solar UV radiation |
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3.2.2 Climate change3.2.3 Skin cancer damages; 3.3 Apportioning liability on a market share approach; PART II Liability tests; 4 Negligence and strict product liability; 4.1 Existence and failure of legal duty of care; 4.1.1 Duty to warn; 4.1.2 Duty to prevent direct emissions in production and pre-sale stages ; 4.1.3 Duty to not produce and markets defective products; 4.2 Causation; 4.2.1 Factual causation; 4.2.2 Causation of plaintiffs' injuries; 4.2.3 Defendants' conduct in causing the plaintiffs harm; 4.3 Proximate cause; 4.4 Existence of injuries and damages; 5 Public nuisance |
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5.1 Interference with public rights5.2 Particularised harms; 5.3 Unreasonableness of interference; PART III Defences; 6 Statutes of limitation and repose; 7 Federal and state law pre-emption under the Clean Air Act; 8 Regulatory compliance defence; 9 Downstream liability question; 10 Open and obvious risks; 10.1 Summary of conclusions to Part III; PART IV Rationale, relevance and objectives of the ozone layer case; 11 The basis for assessing why the ozone layer case is relevant and important; 11.1 Should tort law remedies be pursued in the ozone layer case? |
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11.2 Are administrative remedies available, and if not, is a tort remedy warranted? 11.3 Are other legal remedies available, and if not, is a tort remedy warranted? ; 12 Tort law policy basis for the ozone layer case; 12.1 Corrective justice; 12.2 Social justice; 12.3 Deterrence; 13 Lessons and benefits for climate change policy and litigation; 14 Conclusion; Appendix: Annual production of ozone depleting substance globally and by US companies in the United States, 1931-2012; Bibliography; Index |
| Notes |
Print version record |
| Subject |
Liability for environmental damages -- United States
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Ozone layer depletion -- Law and legislation -- United States
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Ozone layer depletion -- Government policy -- United States
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Skin -- Cancer -- United States
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Torts -- United States
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Liability for environmental damages
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Ozone layer depletion -- Government policy
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Ozone layer depletion -- Law and legislation
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Skin -- Cancer
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Torts
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United States
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| Form |
Electronic book
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| ISBN |
9781317234180 |
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1317234189 |
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