Hazards Technology and Fairness (1986) / Chapter Skim
Currently Skimming:
Pages 92-94
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From page 92... ...
Some of the details are worth reviewing. Tort law does and for a long time has-entertained prospective actions for injunctive relief.
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From page 93... ...
We have established, to start with, comprehensive administrative licensing systems for such things as drugs, food additives, nuclear power plants, hazardous waste dumps, aircraft, new chemicals, and the like. In a series of creative interpretations of the law, judges have declared that statutes such as the Administrative Procedure Act and the National Environmental Policy Act grant the courts broad authority to review those licensing decisions critically just as soon as they are made.
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From page 94... ...
At the front end, prominent legal commentators and judges are proposing to make the exposure to risk itself a compensable injury. In a nutshell, I could sue you for operating a nuclear power plant or a chemical factory in my neighborhood, and I could recover.
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