Toxic torts as compensation: Legal geographies of environmental contamination litigation

作者: Rupert Legg , Jason Prior

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摘要: Residents living in close proximity to contaminated sites may experience adverse effects from financial losses and property devaluation, leading to poor mental health and physical illnesses—effects that may require compensation. The most common legal process of seeking compensation is the toxic tort—litigation pressed on the basis that contamination has harmed the victims. Several recent toxic tort class actions in Australia brought by residents living in areas affected by contamination from per‐ and poly‐fluoroalkyl substances (PFAS) exemplify that process. Two such actions, those at Williamtown and Richmond, provide an opportunity to explore how toxic torts currently function as a means to secure compensation, whether they mitigate the harms of the contamination and considering how spatio‐legal manoeuvres may shape the litigation. In this article, we use a legal geography approach to analyse how …

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