… Part I provides a basis for my normative arguments by reviewing economic and legal theories of liability law. Part II advances the discussion by explaining the distinctiveness of tort liability in the context of environmental policy. Part III adopts criteria from the public policy field to evaluate the strengths and weaknesses of tort law as an environmental policy instrument relative to public regulation. The final section draws all of the material together, weighing the strengths and weaknesses of tort law and public regulation against one another and highlighting the circumstances in which tort law is most likely to be an effective and efficient environmental policy instrument. I conclude that, in most circumstances, tort law will not function efficiently and effectively as a lone policy instrument; but nonetheless, it serves important functions as a complement to regulatory rules … (more)
Adam DK Abelkop, ‘Tort Law as an Environmental Policy Instrument’. Oregon Law Review, Vol. 92, 382 (2014).