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Reviving Rylands: how the doctrine could be used to claim compensation for environmental damages caused by fracking

Costello, Róisín Áine orcid logoORCID: 0000-0002-8008-1191 (2014) Reviving Rylands: how the doctrine could be used to claim compensation for environmental damages caused by fracking. Review Of European Community And International Enviromental Law, 23 (1). pp. 134-143. ISSN 2050-0386

Contemporary societies are characterized by complex interdependence, with industrial activity increasingly having the potential to cause effects beyond local and national borders. Courts have previously illustrated that liability for injurious action must lie with the individual who created the risk of damage under the common law rule of Rylands v. Fletcher. Having fallen out of favour in the twentieth century, this article pro- poses a re-articulation of the rule to cover situations in modern society in which invasive methods are used in the extraction of volatile fuels from the earth, specifically in the case of ‘fracking’. The article examines recent rulings from the United States and the United Kingdom, as well as precedent from the United Kingdom and Ireland to establish the manner in which the rule of Rylands v. Fletcher might be successfully rearticulated in the context of contemporary common law jurisdictions – specifically focusing on Ireland – as a means for redressing environmental damage.
Item Type:Article (Published)
Uncontrolled Keywords:fracking; fossil fuels
Subjects:Engineering > Environmental engineering
Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Wiley-Blackwell Publishing Ltd.
Official URL:http://dx.doi.org/10.1111/reel.12059
Copyright Information:© 2014 John Wiley & Sons Ltd
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:25482
Deposited On:17 Feb 2021 15:46 by Róisín Ã�ine Costello . Last Modified 14 Apr 2021 11:48

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