The Catholic University of America

CUA Law Professor George P. Smith co-authored an article with David Steenburg '15 entitled "Environmental Hedonism or, Securing the Environment Through the Common Law" published in the William & Mary Environmental Law and Policy Review, Vol. 40, Pp. 65-114 (2015). See below. 
 

"Environmental Hedonism or, Securing the Environment Through the Common Law"

From: William & Mary Environmental Law and Policy Review, Vol. 40, Pp. 65-114 (2015)
Authors: George P. Smith and David Steenburg

Abstract:
This Article investigates whether a right to environmental hedonism can be claimed and compensated for when the environment is degraded. Building upon the economic and mathematical uncertainties in assessing any claim for loss of enjoyment of the environment, the Article considers the evaluation of environmental harms ex post through use of restorative damages allowed under the Restatement (Second) of Torts - and concludes that because of the ambiguities in public policy for not only determining what is an appropriate case for an award of restorative damages but also evaluating the nature and the scope of environmental injuries, these damages are deficient as a tool for protecting environmental degradations. The Article then studies the parens patriae powers of the government to manage and to protect the environment as a source for securing the environment and finds justification for its exercise through the application and use of the Doctrine of Public Trust. It concludes by examining the Common Law of nuisance - and especially anticipatory and aesthetic nuisance - concluding, as such, this body of law provides the strongest remedial base for protecting assaults on the environment.

The full article can be found here.

  

Professor George P. Smith's Areas of Expertise

Public Health Law

Law, Science, and Medicine

For additional information about our professors' areas of speciality, see his faculty page