ABSTRACT
The law has long governed human activities that affect the natural environment, even though the term “environmental law” is of much more recent vintage. The common law of property and torts provides the foundation for the evolution of the law, first in England and then in the United States. The common law first emerged during the twelfth century as judges selected by Henry II followed each other’s decisions to create a unified common law throughout England, instead of relying on different local codes. The premise of the common law is that judges are charged with identifying what the law is, which places great weight on following the precedents of cases decided by earlier courts. The common law developed rules for property and torts that still shape the law today, albeit supplemented by an increasing number of statutory and regulatory enactments.
