Environmental torts and civil punishment a view from the United States

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Andrew Klein

Resumen

This article presents, in its first part, a general expositive overview regarding responsibility for environmental damages on US law, outlining its key guidelines, as well as a brief parallel regarding its differences with Brazilian law. In the second part, the main aspects of punitive damages on US law are discussed, including a description of the circumstances under which states in the U.S. permit punitive damages. In both parts of the text the main jurisprudential cases that concern the topics discussed and that support the legal grounds of the responsibilities that fall upon the defendant are indicated. The approach taken is inductive, according to US common law.

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Detalles del artículo

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KLEIN, Andrew. Environmental torts and civil punishment: a view from the United States. Revista IBERC, Belo Horizonte, v. 4, n. 2, p. 131–145, 2021. DOI: 10.37963/iberc.v4i2.172. Disponível em: https://revista.iberc.org.br/iberc/article/view/172. Acesso em: 22 sep. 2026.
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Doutrina Estrangeira
Biografía del autor/a

Andrew Klein, Indiana University, United States of America

Dean & Paul E. Beam Professor of Law at Indiana University, Robert H. McKinney School of Law. From 2010-2013, served as Chief of Staff to the Office of the Chancellor and Associate Vice Chancellor for Academic Affairs at IUPUI. Before joining IU, he taught at Samford University’s Cumberland School of Law and practiced with the Chicago firm of Sidley & Austin. Dean Klein earned a B.A. with distinction in journalism and economics from the University of Wisconsin and a J.D. with distinction from the Emory University School of Law, where he studied as a Robert W. Woodruff Fellow in Law and was editor-in-chief of the Emory Law Journal. Co-author of two casebooks, 'Toxic and Environmental Torts: Cases and Materials' (Thomson/West 2011) and 'Torts: Cases, Problems and Exercises' (Lexis/Nexis 4th ed. 2013), as well as a student-oriented textbook, 'Mastering Tort Law, 2nd Edition' (Carolina Academic Press 2016).