Environmental Regulation: Law, Science, and Policy, 4th Ed ...



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School: Harvard Law School

Course: Environmental Law

Year: Spring 2006

Professor: Matthew Stephenson

Text: Environmental Regulation: Law, Science, and Policy, 4th Ed.

Text Authors: Percival, Schroeder, Miller & Leape

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Environmental Law

Professor Stephenson

Course Outline – Spring 2006

Doctrine and Class Notes

1. The Rise of Federal Statutory Environmental Regulation

a. Common Law Roots: Public and Private Nuisance

i. Madison v. Ducktown Sulphur, Copper & Iron Co., 113. Tenn. 33 (1904) [CB: 64]

1. Facts: TN company near the GA-TN boder, runs a copper-smelting operation; burning open-air piles of ore which produces harmful sulphur smoke.

2. Issue: What can the law do to address this situation?

3. Potential Solutions:

a. Close the Factory:

i. Pro: Property

1. First in Time, First in Right: nearby farmers were on the land first, their health/property is being harmed.

2. Property Rights: protect use and enjoyment; allow farmers to stay on their land.

ii. Con: Economics [Cost Benefit Analysis (CBA)]

1. $2 million (value of copper smelting operation) vs. ................
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