Legal Remedies for Pollution Abatement

POLLUTION INVOLVES PRIVATE EXPLOITATION OF PUBLIC RESOURCES; POLLUTION PROBLEMS IN GENERAL FIND ONLY SLOW SOLUTIONS THROUGH LEGISLATIVE ACTION. APPROACHES TO COURT ACTION ARE CONSIDERED. COMMON LAW PROVIDES REMEDIES THROUGH NUISANCE & TRESPASS SUITS & THROUGH WATER OWNERSHIP LAW, BUT THESE REMEDIES ARE MAINLY FOR INTERFERENCES WITH PRIVATE PROPERTY RATHER THAN PUBLIC PROPERTY. A VARIETY OF SPECIFIC ENVIRONMENTAL LEGISLATION EXISTS, BUT OFTEN PROVIDES ONLY LIMITED REMEDIES. THE PUBLIC TRUST BASIS FOR LEGAL ACTION APPEARS THE MOST PROMISING NEW GROUND FOR SUIT; CONSTITUTIONAL GROUNDS HAVE BEEN CLAIMED, BUT APPEAR LIKELY NOT TO SUCCEED. RECENT COURT DECISIONS HAVE IMPROVED THE CHANCE OF SUCCESSFUL ACTION BY RECOGNIZING A SIGNIFICANT INTEREST FOR PRACTICALLY ANY MEMBER OF THE PUBLIC IN ENVIRONMENTAL PROBLEMS, GREATLY IMPROVING THE PROSPECTS OF DEALING WITH PUBLIC ADMINISTRATIVE ABUSES. COURT ACTION HAS TOO OFTEN GIVEN EXCESSIVE WEIGHT TO SPECIAL ECONOMIC INTERESTS; NONETHELESS, IT OFFERS QUICK SOLUTIONS TO SOME PROBLEMS, & INCREASED LITIGATION WILL CREATE MORE PRESSURE FOR SYSTEMATIC ENVIRONMENTAL LEGAL CODES. W. H. STODDARD.