Common Law Nuisance in Hazardous Waste Litigation: Has It Survived Milwaukee II?

February 1983

Citation:

ELR 10043

Issue

Author

Jeffrey Trauberman

Issues:

1. Is compliance with federal and state environmental statutes and regulations a defense to a federal or state common law negligence or nuisance action?

2. Does the existence of a federal regulatory statute governing a particular activity bar a federal or state common law claim with respect to that activity?

Mr. Trauberman is Director of the Toxic Substances Program of the Environmental Law Institute.

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Common Law Nuisance in Hazardous Waste Litigation: Has It Survived Milwaukee II?

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