Chasing the Wind : Regulating Air Pollution in the Common Law State.
Title:
Chasing the Wind : Regulating Air Pollution in the Common Law State.
Author:
Morag-Levine, Noga.
ISBN:
9781400825851
Personal Author:
Physical Description:
1 online resource (241 pages)
Contents:
Contents -- Preface -- Acknowledgments -- List of Abbreviations -- Introduction -- CHAPTER ONE: Regulating Air Pollution: Risk- and Technology-Based Paradigms -- A Rights Revolution? Risk and BAT in the Clean Air Act -- The 1970 Clean Air Act: Regulatory Options -- The 1970 Clean Air Act: Regulatory Implementation -- Risk, Courts, and the EPA -- Risk versus BAT: The Policy Debate -- CHAPTER TWO: "Command and Control": Means, Ends, and Democratic Regulation -- Means, Ends, and Democratic Regulation -- Means, Ends, and Lochner -- Between Lochner and Industrial Union (the Benzene Case) -- CHAPTER THREE: Regulating "Noxious Vapours": From Aldred's Case to the Alkali Act -- Sic Utere: Absolute Liability as a Separation Regime -- Controlling Noxious Vapors from Copper and Alkali Works in Nineteenth-Century Britain: Technological and Evidentiary Barriers -- Absolute Liability and "Trifling Inconvenience": The Road to the St. Helen's Regime -- The Alkali Act Regime -- CHAPTER FOUR: On the "Police State" and the "Common Law State" -- "Lochner Revisionism" and American Exceptionalism -- The "Police State" and the "Common Law State" -- Nuisance Law and Public Health Administration -- Between Nuisance and Substantive Due Process -- Administration, Delegation, and the Rule of Law -- On the "Absolutism of a Democratic Majority" -- CHAPTER FIVE: From Richards's Appeal to Boomer: Judicial Responses to Air Pollution, 1869-1970 -- Richards's Appeal (1868): Injunction or Damages? -- Huckenstine's Appeal (1872): Neither Injunction nor Damages -- Pennsylvania Lead Company (1881) and Evans v. Reading Chemical Fertilizing Co. (1894): Injunctive Relief and Out-of-Place Industrial Facilities -- Versailles Borough (1935) and Waschak v. Moffat (1954): "One Who Voluntarily Goes to War . . ." -- Sullivan v. Jones & Laughlin Steel Co. (1904): BAT Injunctions.
CHAPTER SIX: "Inspected Smoke": The Perpetual Mobilization Regime -- English Antismoke Efforts Prior to 1880 -- Smoke in America: 1881-1948 -- Smoke Abatement and the Police Power -- Perpetual Mobilization and Nuisance Per Se -- Beyond Smoke -- CHAPTER SEVEN: "Odors," Nuisance, and the Clean Air Act -- An Emergent Air-Pollution Regime: 1947-55 -- The Problem of "Odors" -- Odors and Nuisance Law -- Odors" and the Road to the CAA -- Odors and the EPA: 1970-92 -- CHAPTER EIGHT: Regulating "Odors": The Case of Foundries -- Foundries: Process, Pollution, and Control Technology -- New Haven, Michigan -- Berkeley, California -- Tempe, Arizona -- Skokie, Illinois -- Evidentiary Burdens and Perpetual Mobilization -- CHAPTER NINE: Conclusion -- Notes -- Cases Cited -- Selected Bibilography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Z.
Abstract:
The Federal Clean Air Act of 1970 is widely seen as a revolutionary legal response to the failures of the earlier common law regime, which had governed air pollution in the United States for more than a century. Noga Morag-Levine challenges this view, highlighting striking continuities between the assumptions governing current air pollution regulation in the United States and the principles that had guided the earlier nuisance regime. Most importantly, this continuity is evident in the centrality of risk-based standards within contemporary American air pollution regulatory policy. Under the European approach, by contrast, the feasibility-based technology standard is the regulatory instrument of choice. Through historical analysis of the evolution of Anglo-American air pollution law and contemporary case studies of localized pollution disputes, Chasing the Wind argues for an overhaul in U.S. air pollution policy. This reform, following the European model, would forgo the unrealizable promise of complete, perfectly tailored protection--a hallmark of both nuisance law and the Clean Air Act--in favor of incremental, across-the-board pollution reductions. The author argues that prevailing critiques of technology standards as inefficient and undemocratic instruments of "command and control" fit with a longstanding pattern of American suspicion of civil law modeled interventions. This distrust, she concludes, has impeded the development of environmental regulation that would be less adversarial in process and more equitable in outcome.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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