Chapter 21 - Air Pollution Law

Air pollution law is a complex web of common and statutory law. The common law has offered and continues to offer checks and balances between polluters and economic development, where shortcomings do exist. Federal statutory law has attempted to fill the voids and, to a certain extent, has been successful in cleaning the air. Engineers must be aware of the requirements placed on industry by this system of laws. Particular attention must be paid to the new plants in different sections of the nation. 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. Federal statutory law controlling air pollution began with the 1963 and 1967 Clean Air Acts. Fossil fuel electricity generating facilities have been seen as the major contributors to the acid rain problem.