Environmental torts and punitive damages

Article Abstract:

Punitive damages for injury to the environment claimed as private remedies must currently rely on traditional common law theories of negligence, nuisance, trespass, or strict liability for activities of an abnormally dangerous sort. Consideration of current nuisance-type cases reveals some unifying principles. If an activity is engaged in for clearly improper purpose, the standard of actual malice may permit an award of punitive damages. Punitive damages awarded due to recklessness are based on defendants' knowledge of their polluting activities and of means to mitigate their impact.

Analysis, Interpretation and construction, Environmental law

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Environmental torts and punitive damages

Article Abstract:

Awarding punitive damages in toxic tort cases may be both unfair and inefficient. Fairness concerns can arise when community values and industry practices have changed greatly in the years it takes for a toxic tort injury to manifest itself. An efficiency analysis might argue that compensatory damages provide enough deterrence. Punitive damages need an underpinning of stricter procedures such as more specific jury instructions and a greater burden of proof. Only then will they be fair, efficient and deter repetitions of the conduct they punish.

Laws, regulations and rules, Liability for environmental damages

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A model to assess the economic consequences of punitive damages

Article Abstract:

A punitive damages model sensitive to adverse economic consequences an award will have on a defendant company found liable under products liability will protect American industry and make monetary sanctions proportional to wrongdoing. Such a model has three components: determining a preliminary punitive damages figure, setting a ceiling amount the defendant is capable of paying, and working out a payment plan based on the agreed figure and the defendant's financial status.

Models, Economic aspects, Limitation of damages, Limitations of damages

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