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

By Noga Morag-Levine | Go to book overview
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ABA (American Bar Association), 81
absolute liability doctrine: Aldred’s Case establishment of, 44–47; Hole v. Barlow and, 52–53; shift from negligence rules to, 52–53
“absolutism of democratic majority,” 82– 85
“An Account of an Engine that Consumes Smoke” (Justel), 106
Ackerman, Bruce A., 25
“administrative absolutism” procedures, 81
adversarial legalism, 185
air pollution agencies: BAAQMD, 154–61, 174–77, 225n.62, 226n.80; CIC survey of local, 134–35; Cook County Air Pollution Control Bureau, 167; IEPA, 147, 168, 169, 170, 172–73, 177; and MCAPCD, 162–64, 165–66, 173; “odor measurement” instruments rejected by, 131–32; prior to CAA (1970), 133. See also “Alkali Inspectorate”; EPA
air pollution agencies, DEQ (Michigan Department of Environmental Quality), 151
Air Pollution Control Association’s Committee on Odors (T-4 Committee) report [1978], 139–41
air pollution. See pollution
Air Quality Act (1967), 134, 135
Aldred, William, 40–41, 44
Aldred’s Case (Great Britain, 1611): absolute liability rule of, 44–47; agrarian landuse patterns during, 49; choice between absolute liability and negligence rules in, 52; facts/arguments used in, 40–47; Hole case compared to, 52–55; land use separation and absolute liability in, 46–47, 94; move away from, 61–62; sic utere (starting point) concept of, 43–44, 51, 53, 201n.22
Alger, Commonwealth v., 74–75
Alkali Act (1874 amendment), 58–59
Alkali Act (Great Britain, 1863), 39, 58– 62, 86, 90, 180, 204n.77
alkali industry noxious vapors, 47–51, 56– 62
“Alkali Inspectorate,” 58, 60, 61, 90, 103, 108, 109, 117, 118. See also air pollution agencies
alkali regime: comparing antismoke abatement efforts to, 108–9, 116–17; comparing German antismoke regime to, 117– 18
American exceptionalism, 65–67, 70
American Medical Association, 111
American Petroleum Institute, Industrial Union v., 28, 209n.80
American Trucking Associations, Whitman v., 18, 22
antismoke activism: debate over proof of harm and, 110–12; efforts to oversee gaps in regulation/inspection by, 119–20; opponent arguments against, 110; visibility of, 115; women’s groups involved in, 109–10
antismoke ordinances: American (1881– 1948), 109–12; citizen enforcement of, 120; compared to alkali regime, 108–9, 116–17; comparing responses of German and American regimes, 118–22, 213n.10; early efforts (19th century) of, 104–5; Great Britain prior to 1880, 105–9; perpetual mobilization/nuisance per se and, 115–22, 144; police power and, 112–15. See also smoke
APA (Administrative Procedure Act) [1946], 81–82
Ascher, Louis, 110
Atlantic Cement, Boomer v. (1970), 87–88, 101, 210n.3
Atlantic Monthly (1868), 104
BAAQMD (Bay Area Air Quality Management District): complaint investigation approach used by, 174–77; PSC and actions by, 154–61, 225n.62, 226n.80
BAAQMD website, 225n.59
Badaracco, Joseph, 185
Bamford v. Turnley (Great Britain), 53–54


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