Pollution and Property

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Author: Daniel H. Cole

ISBN-10: 0521001099

ISBN-13: 9780521001090

Category: Environmental Law - General & Miscellaneous

All solutions to environmental problems depend on the imposition of private, common, or public-property rights in natural resources. Who should own the resources: private individuals, private groups of "stakeholders", or the entire society (the public)? Contrary to much of the literature in this field, this book argues that no single property regime works best in all circumstances. Environmental protection requires the use of multiple property regimes—including admixtures of private, common,...

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Environmental protection requires multiple property regimes, including admixtures of private-, common-, and public-property systems. Booknews Because the control of pollution implies assigning private or public rights and duties with respect to otherwise open-access environmental resources, Cole (law, Indiana U.-Indianapolis) argues that all approaches to environmental regulation constitute a property-based approach to environmental protection. Shifting the choice from whether to which, then, he concludes that no single property regime is demonstrably superior to all others in all circumstances across all dimensions of policy concern. Drat! just when it was nearly written in stone. Annotation c. Book News, Inc., Portland, OR (booknews.com)

PrefaceTable of government documents1Pollution and property: the conceptual framework12Public property/regulatory solutions to the tragedy of open access203Mixed property/regulatory regimes for environmental protection454Institutional and technological limits of mixed property/ regulatory regimes675The theory and limits of free-market environmentalism (a private property/nonregulatory regime)856The limited utility of common property regimes for environmental protection1107The complexities of property regime choice for environmental protection1308When property regimes collide; the "takings" problem1549Final thoughts178List of references180Index202

\ BooknewsBecause the control of pollution implies assigning private or public rights and duties with respect to otherwise open-access environmental resources, Cole (law, Indiana U.-Indianapolis) argues that all approaches to environmental regulation constitute a property-based approach to environmental protection. Shifting the choice from whether to which, then, he concludes that no single property regime is demonstrably superior to all others in all circumstances across all dimensions of policy concern. Drat! just when it was nearly written in stone. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \