Comment Re:Garbled [Re:Libertarians: No plan] (Score 1) 404
The mechanism is the courts. And damages based on pollution are well-established in law. In fact, the only reason we don't ALREADY use this mechanism to keep corporations from ruining our water and land is because these corporations have STATUTORY PROTECTION for their damages.
The greatest twist to the supposed "environmental regulations" is that companies have statutory protection from lawsuits as long as they comply with the regulations. There are some exceptions, but it is quite hard to sue a company for damages if they are complying with applicable regulations.
So "environmental regulations" are not constrictions on business. They are licenses to pollute. They say how much you can pollute and still be protected by the law. The question of whether people are being hurt is secondary.
The court solution is focused around whether people are being hurt. If someone is hurt (or their property damaged), it doesn't matter how much "regulatory compliance" you have, you are liable for the damage. And in the case of industrial pollution, the damage is often astronomically high. No company will remotely approach the possibility of a serious industrial leak or dump if they do not have statutory protection to shield them from its effects. Problem solved.
The greatest twist to the supposed "environmental regulations" is that companies have statutory protection from lawsuits as long as they comply with the regulations. There are some exceptions, but it is quite hard to sue a company for damages if they are complying with applicable regulations.
So "environmental regulations" are not constrictions on business. They are licenses to pollute. They say how much you can pollute and still be protected by the law. The question of whether people are being hurt is secondary.
The court solution is focused around whether people are being hurt. If someone is hurt (or their property damaged), it doesn't matter how much "regulatory compliance" you have, you are liable for the damage. And in the case of industrial pollution, the damage is often astronomically high. No company will remotely approach the possibility of a serious industrial leak or dump if they do not have statutory protection to shield them from its effects. Problem solved.