Law, property rights, and air pollution

Journal Article · · Cato J.; (United States)

OSTI ID:5233053

Rothbard, M N

The legal aspects of air pollution are discussed as the initiation of overt acts of aggression against persons or property are viewed as taking the form of pollution. The initiator of such actions must be strictly liable for damages against the victim provided that: (a) the polluter has not previously established a homestead easement; (b) the plaintiff must prove actual harm; (c) the burden of proof of such aggression rests upon the plaintiff; (d) the plaintiff must prove strict causality from the actions of the defendant to the victimization of the plaintiff; (e) the plaintiff must prove such causality and aggression beyond a reasonable doubt; and (f) there is no vicarious liability. The current state of air pollution laws is discussed with these principles in mind. In conclusion, these principles should apply to all torts, including air pollution. Air pollution can be considered as a private nuisance generated from one person's landed property onto another and an invasion of the airspace appurtenant to land and the person of the landowner. Only when such boundary crossings commit provable harm, according to principles of strict causality and beyond a reasonable doubt, can it be considered a tort and subject to liability and injunction. (DLC)

• Research Organization: Polytechnic Inst. of New York, Brooklyn
• OSTI ID: 5233053
• Journal Information: Cato J.; (United States), Journal Name: Cato J.; (United States) Vol. 2:1; ISSN CAJOD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
520600 -- Environment
Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
AIR POLLUTION
ENFORCEMENT
LAWS
LEGAL ASPECTS
LIABILITIES
OWNERSHIP
POLLUTION
POLLUTION LAWS
PROPERTY RIGHTS