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Environmental Restoration Damages: A New Trend of Regulating Cleanups Through Private Lawsuits

July 18, 2014

Environmental restoration damages, which have their roots in the common law, allow an injured property owner to elect to recover the cost of repairing damaged property rather than the amount the property diminished in market value as a result of the harm. The longstanding common law rule, however, is that damages based on the cost of repairing property cannot exceed the diminished value of the property.

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