This module focused on private and public controls on pollution. The Boomer and Spur industry cases highlighted nuisance as a major form of private pollution control. Meanwhile statutes like the Clean Air Act and Clean Water Act were highlighted as examples ofpublic pollution control. Each method has its advantages and disadvantages. For example private controls allow direct access tojudicial review, while public controls may limit access to judicial review, and even when granted, provides an exhaustion requirement where government must be notified and allowed to prosecute claims; meanwhile, public controls over a morecomprehensive approach to the problem of pollution. Considering these differences, please answer the following:
- Do you have a preference between public and private pollution control measures? If so, please state your preference and explain why you believe it to be a superior means of controlling environmental harms. (You may need to begin your response by noting your thoughts about the major presumption between environment, society, and economy to help ‘reference’ your response here.) If you do not have a preference, please explain why by discussing the relative attributes and detriments of each method to the degree you observe such attributes and detriments.
- If you could envision a superior method of controlling pollution, what would it look like from a ‘legal frameworks’ standpoint? For example, would you favor a more privitized approach to pollution control (including property rights distribution) as envisioned in Coase Theorem? Or would you favor a more centralized programmatic command-and-control statutory framework like the Clean Air Act for example? Or would you favor a different government approach or a mix of public and private mechanisms? Please explain.
Summative video discussing the major points of pollution control mechanisms under the law (both public and private). Click on the title or the following link to view the video:
other links to help you out.
Also a response that is at least a paragraph in length.