Chasing the Wind

Regulating Air Pollution in the Common Law State

Nonfiction, Social & Cultural Studies, Political Science, Government, Public Affairs & Administration
Cover of the book Chasing the Wind by Noga Morag-Levine, Princeton University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Noga Morag-Levine ISBN: 9781400825851
Publisher: Princeton University Press Publication: January 10, 2009
Imprint: Princeton University Press Language: English
Author: Noga Morag-Levine
ISBN: 9781400825851
Publisher: Princeton University Press
Publication: January 10, 2009
Imprint: Princeton University Press
Language: English

The Federal Clean Air Act of 1970 is widely seen as a revolutionary legal response to the failures of the earlier common law regime, which had governed air pollution in the United States for more than a century. Noga Morag-Levine challenges this view, highlighting striking continuities between the assumptions governing current air pollution regulation in the United States and the principles that had guided the earlier nuisance regime. Most importantly, this continuity is evident in the centrality of risk-based standards within contemporary American air pollution regulatory policy. Under the European approach, by contrast, the feasibility-based technology standard is the regulatory instrument of choice.

Through historical analysis of the evolution of Anglo-American air pollution law and contemporary case studies of localized pollution disputes, Chasing the Wind argues for an overhaul in U.S. air pollution policy. This reform, following the European model, would forgo the unrealizable promise of complete, perfectly tailored protection--a hallmark of both nuisance law and the Clean Air Act--in favor of incremental, across-the-board pollution reductions. The author argues that prevailing critiques of technology standards as inefficient and undemocratic instruments of "command and control" fit with a longstanding pattern of American suspicion of civil law modeled interventions. This distrust, she concludes, has impeded the development of environmental regulation that would be less adversarial in process and more equitable in outcome.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The Federal Clean Air Act of 1970 is widely seen as a revolutionary legal response to the failures of the earlier common law regime, which had governed air pollution in the United States for more than a century. Noga Morag-Levine challenges this view, highlighting striking continuities between the assumptions governing current air pollution regulation in the United States and the principles that had guided the earlier nuisance regime. Most importantly, this continuity is evident in the centrality of risk-based standards within contemporary American air pollution regulatory policy. Under the European approach, by contrast, the feasibility-based technology standard is the regulatory instrument of choice.

Through historical analysis of the evolution of Anglo-American air pollution law and contemporary case studies of localized pollution disputes, Chasing the Wind argues for an overhaul in U.S. air pollution policy. This reform, following the European model, would forgo the unrealizable promise of complete, perfectly tailored protection--a hallmark of both nuisance law and the Clean Air Act--in favor of incremental, across-the-board pollution reductions. The author argues that prevailing critiques of technology standards as inefficient and undemocratic instruments of "command and control" fit with a longstanding pattern of American suspicion of civil law modeled interventions. This distrust, she concludes, has impeded the development of environmental regulation that would be less adversarial in process and more equitable in outcome.

More books from Princeton University Press

Cover of the book The Great Leveler by Noga Morag-Levine
Cover of the book Jihad in Islamic History by Noga Morag-Levine
Cover of the book The Temptation of the Impossible: Victor Hugo and "Les Miserables" by Noga Morag-Levine
Cover of the book The Autobiography of Solomon Maimon by Noga Morag-Levine
Cover of the book On the Origins of Jewish Self-Hatred by Noga Morag-Levine
Cover of the book The "Dead Sea Scrolls" by Noga Morag-Levine
Cover of the book Kiev by Noga Morag-Levine
Cover of the book Digital Cash by Noga Morag-Levine
Cover of the book The Unpredictable Species by Noga Morag-Levine
Cover of the book The French Way by Noga Morag-Levine
Cover of the book Profane Culture by Noga Morag-Levine
Cover of the book Talaat Pasha by Noga Morag-Levine
Cover of the book The Emergence of Organizations and Markets by Noga Morag-Levine
Cover of the book The Terrorist's Dilemma by Noga Morag-Levine
Cover of the book Remaking the Heartland by Noga Morag-Levine
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy