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Constitutional choice for the control of water pollution

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  • Roger Meiners
  • Bruce Yandle

Abstract

Before passage of the Clean Water Act, water pollution was controlled by the common law of nuisance and the law of water rights. Had the common law not been superseded, it might have provided more ecologically sound pollution control than has occurred under the command-and-control statutory regime. The Clean Water Act imposes mechanical definitions and is subject to political interference. In contrast, the principle of the common law lies in its evolutionary and competitive nature, which is consistent with the market process. Copyright George Mason University 1992

Suggested Citation

  • Roger Meiners & Bruce Yandle, 1992. "Constitutional choice for the control of water pollution," Constitutional Political Economy, Springer, vol. 3(3), pages 359-380, September.
    • Handle: RePEc:kap:copoec:v:3:y:1992:i:3:p:359-380
    DOI: 10.1007/BF02393141
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    References listed on IDEAS

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    1. Stavins, Robert N & Jaffe, Adam B, 1990. "Unintended Impacts of Public Investments on Private Decisions: The Depletion of Forested Wetlands," American Economic Review, American Economic Association, vol. 80(3), pages 337-352, June.
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    Cited by:

    1. Larry Eubanks & Glenn L. Furton, 2024. "The institutional structure of pollution: large-scale externalities and the common law," Public Choice, Springer, vol. 201(3), pages 429-450, December.
    2. Anna Rita Germani, 2007. "The Environmental Enforcement in the Civil and the Common Law Systems. A Case on the Economic Effects of Legal Institutions," Quaderni DSEMS 22-2007, Dipartimento di Scienze Economiche, Matematiche e Statistiche, Universita' di Foggia.
    3. Roger Meiners & Bruce Yandle, 1998. "Common law environmentalism," Public Choice, Springer, vol. 94(1), pages 49-66, January.

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