[th020394]

I remember reading somewhere that there was a change in civil law, due to some judicial activism, in the late 1800’s that placed limitations on liability for damage done by pollution. The purpose was protectionist in nature, to help industrialists in the US compete with those in England, who had already limited liability. In the source, it was argued that this change is what lead to rampant pollution that caused the public demand for a government institution like the EPA. Anyone have an article on this?

[gutzmank]

I fear that I don’t, although you can find the cases in which the traditional law of nuisance was essentially abandoned in any introductory Property Law casebook.

[Author]

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