Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840–1906

Abstract

The business development that took place during the nineteenth century fouled America's waters. It also caused smoke, soot, stenches, noise, jarring vibrations, solid wastes and other forms of industrial pollution. These problems drove people to the courts for injunctive relief. Their suits raised a dilemma of fundamental importance to all industrialized societies: how best to reconcile the often conflicting goals of environmental quality and business growth. This article looks at how nineteenth-century American judges grappled with this quandary by examining their use of balancing doctrine in pollution nuisance cases.