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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