Air Pollution as Public Nuisance: Comparing Modern-Day Greenhouse Gas Abatement with Nineteenth-Century Smoke Abatement
نویسندگان
چکیده
Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts the public’s use and enjoyment of land. In recent years, state local governments have filed public actions against oil companies, hoping hold them responsible climate change. Since no plaintiff has prevailed on merits so far, whether these lawsuits are worth bringing, given other legal avenues available, remains an open question. This Comment situates their appropriate historical context show neither unprecedented nor futile. particular, it examines successful abatement “the smoke evil” nineteenth early twentieth centuries illustrate how law develops over time, interacts with forms regulation, encourages development new technology. concludes can fact succeed merits, and, regardless success, suits promote stricter federal serve expressive function, incentivize air pollution
منابع مشابه
The public health relevance of air pollution abatement.
Assuming a causal relationship between current levels of air pollution and morbidity/mortality, it is crucial to estimate the public health relevance of the problem. The derivation of air pollution attributable cases faces inherent uncertainties and requires influential assumptions. Based on the results of the trinational impact assessment study of Austria, France, and Switzerland, where pruden...
متن کاملProgress toward abatement of air pollution.
Science serves its readers as a forum' for For the presentation and discussion of imporchemi4 tant issues related to the advancement of increa science, including the presentation of mias Ne nority or conflicting points of view, rather action than by publishing only material on which a consensus has been reached. Accordingly, are cc all articles published in Science-including higher editorials, ...
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 2022
ISSN: ['1939-8557', '0026-2234']
DOI: https://doi.org/10.36644/mlr.120.7.air