Traditionally, legal remedies for environmental problems have been provided by common law (judge-created law developed through private lawsuits). Common law provides remedies including compensation to victims injured by an other's negligence. For example, if appropriate care is not taken in the disposal of a toxic substance and this substance enters a farm pond, killing or injuring the farmer's livestock, the farmer can sue the polluter for damages.

United States proposals for reforming victims' compensation fall into two general categories: 1) an approach that combines administrative relief with common law tort (a tort is a wrong actionable in civil court) reform; and 2) proposals that provide administrative relief, but eliminate tort remedies. The first approach was developed by a study group consisting of 12 attorneys designated by the American Bar Association, American Trial Lawyer's Association, the Association of State Attorneys General, and the American Law Institute. In 1980, Congress...