Liability issues in pollution control
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Special Issue: Sustainability
The purpose of this paper is to examine issues around liable entity determination for greenhouse gas emissions have risen to dominance since the anticipated introduction of a carbon price in Australia. This paper seeks to explore the views of industry pertaining to the use of operational control as the sole boundary setting approach for carbon liability determination under current mandated Nati...
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The optimal design of environmental liability policy focuses on two primary policy issues: the cleanup of existing sources of pollution and the definition and enforcement of policies to promote prospectively efficient environmental risk reduction. Through the analysis of a policy toward a pervasive environmental risk -leaking underground storage tanks -we analyze the effectiveness of an existin...
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Proponents of environmental policies based on liability assert that strict liability imposed on polluters induces firms to handle hazardous wastes properly. We run regressions relating unintended pollution releases to strict liability imposed on polluters, exploiting variation across states and over time in the liability provisions of state mini-Superfund laws. Strict liability reduces the freq...
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Recent changes in the US liability regime for oil pollution damage have intensi®ed a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social bene®t and cost are equal. However, it is unclear how a liability limit may be determined speci®cally for t...
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In a recent issue of this JournuZ, Richard 0. Zerbe [7] considered the effects of alternative assignments of liability for damage in the field of pollution control and presented a useful categorization and analysis of alternative methods of achieving any particular level of control. In the process, Zerbe makes some rather strong claims for the “Coase theorem” which deserve further discussion. F...
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