Haynes and Boone's Newsroom

Litigation - The Measure of Damage in Environmental Contamination Cases
09/07/2000
Michael J. Mazzone
Karen Jordan

Issues
What is the proper measure of damages for environmental contamination?  Is the measure of damages cost of restoration because of “personal reasons” of the landowner if these restoration costs far exceed the diminution in value of the land?  Do the same general rules for contamination of land also apply to contamination of water?  When may stigma damages be awarded?