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Chasing the Wind
Author: Noga Morag-Levine

ISBN: 9780691123813
Format: Paperback
Number Of Pages: 264
Published: 25 September 2005
Country of Publication: US
Dimensions (cm): 20.3 x 12.7 x 1.7
Description:


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 red...

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