Causation in environmental law: lessons from toxic ...
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1. toxic tort suits can cover a wide variety of toxic exposures, including those from toxic products, toxic materials in a workplace, and toxic discharges into ...
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2256 NOTE CAUSATION IN ENVIRONMENTAL LAW: LESSONS FROM TOXIC TORTS Causation — the link between an actor’s behavior and subsequent harm to another — is a vital component of a variety of legal doctrines. Requiring that a plaintiff show a causal connection between her injury and the defendant’s action satisfies the instinct that remedies for an injury should come from those who are responsible. Yet as any first-year torts student knows, pinpointing the actor(s) responsible for an in-jury can be factually and conceptually difficult, if not impossible. To further obfuscate clear analysis, “causation” can refer to many distinct concepts, due to different requirements in different doctrines. The re-sult is that courts may often analyze causation in vastly differing ways, even in cases where the injury and instigating act are remarkably simi-lar. The treatment of causation has been particularly inconsistent in environmental cases. This Note explores the disparate treatment of causation in env...
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