Journal of Jishou University(Social Sciences)

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Legal Practice and Reference of Compensation for Environmental Health Damage in the United States

YU Wenxuan   

  1. (Institute of Environmental and Natural Resources Law,China University of Political Science and Law,Beijing 100088,China)
  • Online:2018-01-01 Published:2018-01-06

Abstract: In the United States,the cost-benefit approach is widely used in the legal practice of environmental health damages.At the federal level,based on common law and precedents,the scope of compensation includes medical expenses,loss of wages and gain in income capacity,death and injury,mental sufferings,property damage,life intrusion,punitive damages,daily accumulative compensation,privacy violations,miscellaneous expenses and so on.At the state level,some states enact and implement more effective legislation related to environmental health damages,while the practice in other states is not so good.The significance of the U.S.practice lies in a judicial philosophy of holism,the rule of law based on scientific judgments,and a collaborative operation between local knowledge and national efforts.

Key words: environmental health, compensation, cost-benefit approach

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