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Shifting the Burden of Proof: How the Common Law Can Safeguard Nature and Promote an Earth Ethic

Author
Olson J.M.
Journal/Series
Environmental Law | Vol. 20(4); 891 - 915; 25 p.
Date
1990
Source
IUCN (ID: ANA-044373)
Publisher | Place of publication
Northwestern School of Law of Lewis and Clark College | Portland, OR, USA
Language
English
Country/Territory
United States of America
Subject
Environment gen.
Keyword
Ethics and environment Legal proceedings/administrative proceedings
Abstract

Where significant environmental values are at stake, the burden of proof should be shifted to defendants who usually have more knowledge and control of the substances they release into the environment. Such a shift could infuse an ethical dimension into environmental law