Chasing the Wind: Regulating Air Pollution in the Common Law State
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"No other book so thoroughly weaves together themes in common-law nuisance, federal pollution legislation, local pollution control, and even constitutional law. Morag-Levine manages to tell a story about how all of these various strands fit together that is at once persuasive and interesting, not to mention carefully documented and painstakingly argued. I learned a great deal reading this book, and I will think differently about the field of air pollution control as a consequence."—Lisa Heinzerling, Georgetown University"An exceptionally thoughtful study of air pollution regulation, Chasing the Wind provides a magisterial account of the tensions embedded within American environmental law and their historical roots. Noga Morag Levine shows us that the present state of environmental regulation is much more a creature of the distant, common law past than has generally been acknowledged. This is both a surprising and important argument."—Cary Coglianese, Harvard University Christopher Hansen - Journal of Energy Literature The author carefully uses several centuries of legal cases and a sharp sense of comparison between U.S. and European regulatory and control regimes to provide the reader with a broad canvas of air pollution control history and to expose the weaknesses of different approaches. . . . This book is recommended for anyone concerned with regulatory policy and will help to give a broader and more historical perspective to today's decision makers.
PrefaceAcknowledgmentsList of AbbreviationsIntroduction1Ch. 1Regulating Air Pollution: Risk- and Technology-Based Paradigms9Ch. 2"Command and Control": Means, Ends, and Democratic Regulation27Ch. 3Regulating "Noxious Vapours": From Aldred's Case to the Alkali Act39Ch. 4On the "Police State" and the "Common Law State"63Ch. 5From Richards's Appeal to Boomer: Judicial Responses to Air Pollution, 1869-197086Ch. 6"Inspected Smoke": The Perpetual Mobilization Regime103Ch. 7"Odors," Nuisance, and the Clean Air Act124Ch. 8Regulating "Odors": The Case of Foundries143Ch. 9Conclusion179Notes189Cases Cited233Selected Bibliography235Index249
