Suing for pollution: does it happen?

phattonez · 11-18-09, 03:56 PM

I was reading this and I got interested.

Quote:

Originally Posted by Daniel Hewitt

Dr. Walter Block addresses the issue of pollution in his recent book The Privatization of Roads and Highways,[1] and he quickly proves the statists' nightmare of unchecked pollution to be a false one. Owners of private roads, cognizant that they would be the most obvious targets for pollution lawsuits from surrounding property owners, would protect themselves by charging higher fees for higher-polluting vehicles, providing incentive for the automakers to design and build pollution-control equipment into their vehicles. Block's explanation is so lucid and rational that it is more meaningful to examine the failures of the current regulated system than the functioning of an unregulated one.

The Market Can Regulate Automobiles - Daniel Hewitt - Mises Institute

Forget about whether you agree with the position of the article or not, I just want to know if factories and other things actually get sued for causing pollution. I mean I know it happens, but how often does it happen and how often is it successful?

theangryamerican · 11-18-09, 05:57 PM

It happens more often than you think. Most often it involves large scale pollution, like storage tank leaks, spills, disposal or dumping, but it could be applied to just about any type of actual pollution as long as there is verifiable damage resulting from it.

Most big pollution suits don't ever make it into a court room, however. It's usually cheaper for the polluter to settle the claim rather than rack up legal expenses fighting it.

phattonez · 11-18-09, 05:58 PM

Quote:

Originally Posted by theangryamerican

It happens more often than you think. Most often it involves large scale pollution, like storage tank leaks, spills, disposal or dumping, but it could be applied to just about any type of actual pollution as long as there is verifiable damage resulting from it.

Most big pollution suits don't ever make it into a court room, however. It's usually cheaper for the polluter to settle the claim rather than rack up legal expenses fighting it.

So does what this article state, that the owner of the road would be sued, sound plausible?

Agnapostate · 11-18-09, 06:03 PM

Walter Block is as ignorant of negative externalities as he is of dynamic monopsony.

Scarecrow Akhbar · 11-20-09, 12:17 PM

Quote:

Originally Posted by phattonez

I was reading this and I got interested.

The Market Can Regulate Automobiles - Daniel Hewitt - Mises Institute

Forget about whether you agree with the position of the article or not, I just want to know if factories and other things actually get sued for causing pollution. I mean I know it happens, but how often does it happen and how often is it successful?

No, things cannot be sued.

The owners of things can be sued.

Besides, the owners of the roads would get the lawsuits dismissed because in a free society, they're not responsible for what powers the vehicles on the roads they own.

The people building the vehicles are responsible, and the owers of the vehicles themselves.

phattonez · 11-20-09, 01:04 PM

Quote:

Originally Posted by Scarecrow Akhbar

No, things cannot be sued.

The owners of things can be sued.

Obviously. Don't read into what I was saying that literally.

Quote:

Besides, the owners of the roads would get the lawsuits dismissed because in a free society, they're not responsible for what powers the vehicles on the roads they own.

The people building the vehicles are responsible, and the owers of the vehicles themselves.

But aren't the road builders responsible for the pollution being localized to that area?

Aunt Spiker · 11-20-09, 01:20 PM

Quote:

Originally Posted by phattonez

But aren't the road builders responsible for the pollution being localized to that area?

Road builders?
Why would they be responsible? They aren't the ones who up and built and ran the factory that pollutes.

They were employed by a person to build something, they were paid, it is that first person's business decisions that lead to the pollution - not the work of the employee.

phattonez · 11-20-09, 01:39 PM

Quote:

Originally Posted by Aunt Spiker

Road builders?
Why would they be responsible? They aren't the ones who up and built and ran the factory that pollutes.

They were employed by a person to build something, they were paid, it is that first person's business decisions that lead to the pollution - not the work of the employee.

Why is everyone taking me so literally? Should I have said the owner of the road to be more clear? Of course if it was a contractor that built then that company wouldn't be sued.

Aunt Spiker · 11-20-09, 01:43 PM

Quote:

Originally Posted by phattonez

Why is everyone taking me so literally? Should I have said the owner of the road to be more clear? Of course if it was a contractor that built then that company wouldn't be sued.

You brought it on yourself!
Say what you meant - don't leave it up to so much interpretation.

phattonez · 11-20-09, 01:47 PM

Quote:

Originally Posted by Aunt Spiker

You brought it on yourself!
Say what you meant - don't leave it up to so much interpretation.

Well I didn't think that I had to be obnoxiously clear. I mean indirectly the owner of the road is building it since he's putting up the money for it.

11-18-09, 05:57 PM	#2
theangryamerican Advisor Join Date: Aug 2009 Last Seen: 03-15-10 11:03 PM Location: Colorado Posts: 355 Thanks: 61 Thanked 162 Times in 99 Posts Gender:	Re: Suing for pollution: does it happen? It happens more often than you think. Most often it involves large scale pollution, like storage tank leaks, spills, disposal or dumping, but it could be applied to just about any type of actual pollution as long as there is verifiable damage resulting from it. Most big pollution suits don't ever make it into a court room, however. It's usually cheaper for the polluter to settle the claim rather than rack up legal expenses fighting it.
	__________________ The only sure barrier to truth is to assume you already have it. -Chuck Missler

11-18-09, 06:03 PM	#4
Agnapostate Banned Join Date: Sep 2008 Last Seen: 11-24-09 10:02 PM Location: Between Hollywood and Compton. Posts: 5,497 Thanks: 208 Thanked 908 Times in 608 Posts Lean: Libertarian Gender:	Re: Suing for pollution: does it happen? Walter Block is as ignorant of negative externalities as he is of dynamic monopsony.
	__________________ The workmen desire to get as much, the master to give as little as possible...It is not, however, difficult to foresee which of the two parties must, upon all ordinary occasions, have the advantage in the dispute, and force the other into a compliance with their terms. -Adam Smith

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