Chasing the Wind: Regulating Air Pollution in the Common Law State

By Noga Morag-Levine | Go to book overview
Contents
Prefaceix
Acknowledgmentsxiii
List of Abbreviationsxv
Introduction1
CHAPTER ONE Regulating Air Pollution: Risk- and Technology-Based Paradigms9
A Rights Revolution? Risk and BAT in the Clean Air Act13
The 1970 Clean Air Act: Regulatory Options15
The 1970 Clean Air Act: Regulatory Implementation17
Risk, Courts, and the EPA22
Risk versus BAT: The Policy Debate24
CHAPTER TWO “Command and Control”: Means, Ends, and Democratic Regulation27
Means, Ends, and Democratic Regulation28
Means, Ends, and Lochner30
Between Lochner and Industrial Union (the Benzene Case)32
CHAPTER THREE Regulating “Noxious Vapours”: From Aldred’s Case to the Alkali Act39
Sic Utere: Absolute Liability as a Separation Regime40
Controlling Noxious Vapors from Copper and Alkali Works in Nineteenth-Century Britain: Technological and Evidentiary Barriers47
Absolute Liability and “Trifling Inconvenience”: The Road to the St. Helen’s Regime52
The Alkali Act Regime56
CHAPTER FOUR On the “Police State” and the “Common Law State”63
“Lochner Revisionism” and American Exceptionalism64
The “Police State” and the “Common Law State”67
Nuisance Law and Public Health Administration71
Between Nuisance and Substantive Due Process74
Administration, Delegation, and the Rule of Law79
On the “Absolutism of a Democratic Majority”82

-vii-

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