412 ENVIRONMENTAL ENGINEERING
Air pollution law
+EkI Common law Statutory law
*KEY:
NAAQS - National Ambient Air Quality Standards
NSPS - New (stationary) Source Performance
MSS - Moving Source StandardsSIP - State Implementation Plans
PSD - Prevention of Significant
NAA - Non-Attainment AreasStandards DeteriorationFigure 21-1. Diagram of the U.S. Federal Clean Air Act.If intentional liability can be proven to the satisfaction of the courts, actur damages
as well as punitive damages can be awarded to the injured plaintiff.
Negligence may involve mere inattention by the air polluter who allowed the
injury to occur. Proof in the courtroom focuses on the lack of reasonable care taken on
the defendant’s part. Examples of such neglect in air pollution include failure to inspect
the operation and maintenance of electrostatic precipitators, or the failure to design and
size an adequate abatement technology. Again, damages can be awarded to the plaintiff.
Strict liability does not consider thefault or state of mind of the defendant. Under
certain extreme cases, a court of common law has held that some acts are abnonnaZly
dangerous and that individuals conducting those acts are strictly liable if injury occurs.
The court does tend to balance the danger of an act against the public utility associated
with the act. An example could be the emission of a radioactive or highly toxic gas
from an industrial smoke stack.
Again, if personal damage is caused by air pollution from a known source, the
damaged party may enter a court of common law and argue for monetary damages to
be paid by the defendant or an injunction to stop the polluter from polluting or both.
Sufficient proof and precedent are often difficult if not impossible to muster, and in
many cases, tort law has been found to be inadequate in controlling air pollution and
awarding damages.Property LawProperty law, on the other hand, focuses on the theories of nuisance and property
rights; nuisance is based on the interference with the use or enjoyment of property,