The Limitations of Legal Institutions For Addressing Environmental Risks
评估美国有毒侵权制度和超级基金法在应对环境问题上的效果,分析其公平赔偿受害者、有效威慑和修复环境退化方面的不足,并提出替代制度设计。
This article assesses the major systems of environmental liability in the United States—the toxic tort system and Superfund. The discussion of each of these areas first lays out the scientific background of the environmental problems and the applicable regulatory regime. It then analyzes the efficacy of these regimes for addressing environmental problems and suggests alternative institutional designs for better promoting the goals of equitable and cost-effective compensation of disease victims and efficient deterrence and remediation of environmental degradation.