Environmental Engineering FOURTH EDITION

Chapter 21

Air Pollution Law

As with water pollution, a complex system of laws and regulations governs the use

of air pollution abatement technologies. In this chapter, the evolution of air pollution

law is described, from its roots in common law through to the passage of federal

statutory and administrative initiatives. Problems encountered by regulatory agencies

and polluters are addressed with particular emphasis on the impacts the system may or

may not have on future economic development. Figure 21-1 offers a road map to be

followed through this maze.

AIR QUALITY AND COMMON LAW

When relying on common law, an individual or groups of individuals injured by a

source of air pollution may cite general principles in two branches of that law. These

branches have developed over the years and may apply to their particular cases:

0 tort law and

0 property law.

The harmed party, the plaintif€, could enter a courtroom and seek remedies from the

defendant for damaged personal well-being or damaged property.

Tort Law

A tort is an injury incurred by one or more individuals. Careless accidents and exposure
to harmful airborne chemicals are the types of wrong included under this branch of
common law. A polluter could be held responsible for the damage to human health
under the three broad categories of tort liability, negligence, and strict liability.
Intentional liability requires proof that somebody did a wrong to another party on
purpose. This proof is especially complicated in the case of damages from air pollu-
tion. The fact that a “wrong” actually occurred must fist be established, a process that
may rely on direct statistical evidence or strong inference, such as the results of labo-
ratory tests on rats. Additionally, intent to do the ‘’wrong” must be established, which
involves producing evidence in the form of written documents or direct testimony from
the accused individual or group of individuals. Such evidence is not easily obtained.

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