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Unformatted text preview: 15:39 US Environmental Policy: Instrument Choice Law Came first Be available for us all the time but not till 70s something was done Common law as an instrument Individuals sue for compensation for damage Judges identify the problem and the remedy Key Elements 1) Private Property 2) Demonstrate harm to party holding the property right (property you own) 3) Standing Basically means you have a right to sue in the court (goes back to demonstrate harm) bc have to prove that harm is being down Pillars (four claims that your going to use to sue) 1) nuisance – to be bothered or annoyed in a substantial way legal def: unreasonable interference in use of property 2) trespass – any physical invasion of private property 3) negligence fail to protect others from harm when harm could be reasonably be expected ex: like nuclear reaction and expect that it is going to leak and ou don’t report to the right...
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- Fall '09