17
State-Law Theories
A.
Available to foreign plaintiffs seeking redress for
environmental harms that occur abroad in state courts.
B.
The most straight forward common-law theories include:
●
Negligence
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Strict liability
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Nuisance
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Trespass
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Harms from abnormally dangerous or ultra hazardous activities
●
Wrongful death claims if linked to environmental effects to certain
activity