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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 reductions. The author argues that prevailing critiques of technology standards as inefficient and undemocratic instruments of "command and control" fit with a longstanding pattern of American suspicion of civil law modeled interventions. This distrust, she concludes, has impeded the development of environmental regulation that would be less adversarial in process and more equitable in outcome.
From the Back Cover:
"No other book so thoroughly weaves together themes in common-law nuisance, federal pollution legislation, local pollution control, and even constitutional law. Morag-Levine manages to tell a story about how all of these various strands fit together that is at once persuasive and interesting, not to mention carefully documented and painstakingly argued. I learned a great deal reading this book, and I will think differently about the field of air pollution control as a consequence."--Lisa Heinzerling, Georgetown University
"An exceptionally thoughtful study of air pollution regulation, Chasing the Wind provides a magisterial account of the tensions embedded within American environmental law and their historical roots. Noga Morag Levine shows us that the present state of environmental regulation is much more a creature of the distant, common law past than has generally been acknowledged. This is both a surprising and important argument."--Cary Coglianese, Harvard University
Title: Chasing the Wind: Regulating Air Pollution ...
Publisher: Princeton University Press
Book Condition: Good
Book Description Princeton University Press, 2003. Book Condition: Good. Former Library book. Shows some signs of wear, and may have some markings on the inside. Bookseller Inventory # GRP72063448
Book Description Book Condition: VeryGood. Book may be slightly bent. Bookseller Inventory # 23MA3600YH0O
Book Description Princeton University Press, 2003. Hardcover. Book Condition: Used: Very Good. This is an ex-library book that is in new condition. Has no stamps, only two stickers, pages are clean and it was never read *** Hard-Bound with dust-cover *** Princeton University Press. Bookseller Inventory # A-PUP-13601
Book Description Book Condition: Good. Book Condition: Good. Bookseller Inventory # 97806910948164.0
Book Description Book Condition: Very Good. Book Condition: Very Good. Bookseller Inventory # 97806910948163.0
Book Description Book Condition: Very Good. In good condition and ready for quick shipment to any US location by an experienced and reliable seller. CDs and Access codes may not be included as is the case with most used books. Thanks for shopping with us!. Bookseller Inventory # 189733
Book Description Hardcover. Book Condition: As New. This Book is in Good Condition; Customer Satisfaction Comes First.Delivery Time 4-12 days. 100% Money back Guaranteed!!!. Bookseller Inventory # HP_0691094810
Book Description Princeton University Press, 2003. Hardcover. Book Condition: New. Bookseller Inventory # DADAX0691094810
Book Description Princeton University Press. Hardcover. Book Condition: Fine. 0691094810 Like New Condition. Bookseller Inventory # LN6.1240190
Book Description Princeton University Press. Hardcover. Book Condition: New. 0691094810 New Condition. Bookseller Inventory # NEW6.1240190