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52 pages
ISBN 0-945999-53-4
© 1996

Toxic Torts by Government

by Bruce L. Benson

Federal, state, and local governments are among the largest producers of toxic waste, and are also the largest single source of demand for potentially toxic substances. So why is the liability for the potentially dangerous effects of toxic substances, and responsibility for cleaning up toxic waste sites, placed entirely upon private firms? The answer, according to Professor Benson, is because the principle of general governmental immunity leaves injured parties with little recourse but to sue the companies that supply potentially toxic substances to the government. He demonstrates how this lack of governmental accountability and resulting legal mismanagement is increasingly responsible for pollution problems.

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