ABSTRACT
Although much environmental law today is the result of legislation, the common law, or judge-made law, has in this country been the historical source of law providing the remedy for environmental damage inflicted by one party upon another. The common law comprises the body of those principles and rules of action relating to persons and property which derive their authority solely from usage and customs or from the judgments and decrees of courts recognizing, affirming, and enforcing such usage and customs. Common law is independent of statutory rules. However, if there is a conflict with statutory language (legislature-made rules), then the statutory language determines the outcome.
