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Common law environmentalism

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  • Roger Meiners
  • Bruce Yandle

Abstract

The necessity to control environmental externalities is almost invariably given as justification for command-and-control regulation and other forms of state intervention in related markets. When even mentioned, common law remedies that protected environmental rights for centuries are quickly dismissed as either being unworkable or ineffective. A review of the common law experience indicates that the rule of law can be effective in protecting environmental rights. Indeed, it is quite possible that common law was too effective, which led to special interest demand for statute law. The rule of politics may be more attractive to rent seekers than the rule of law and markets. Copyright Kluwer Academic Publishers 1998

Suggested Citation

  • Roger Meiners & Bruce Yandle, 1998. "Common law environmentalism," Public Choice, Springer, vol. 94(1), pages 49-66, January.
    • Handle: RePEc:kap:pubcho:v:94:y:1998:i:1:p:49-66
    DOI: 10.1023/A:1017992221876
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    References listed on IDEAS

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    1. Buchanan, James M & Tullock, Gordon, 1975. "Polluters' Profits and Political Response: Direct Controls Versus Taxes," American Economic Review, American Economic Association, vol. 65(1), pages 139-147, March.
    2. Pashigian, B Peter, 1985. "Environmental Regulation: Whose Self-interests Are Being Protected?," Economic Inquiry, Western Economic Association International, vol. 23(4), pages 551-584, October.
    3. Grossman, G.M & Krueger, A.B., 1991. "Environmental Impacts of a North American Free Trade Agreement," Papers 158, Princeton, Woodrow Wilson School - Public and International Affairs.
    4. Roger Meiners & Bruce Yandle, 1992. "Constitutional choice for the control of water pollution," Constitutional Political Economy, Springer, vol. 3(3), pages 359-380, September.
    5. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
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    Cited by:

    1. George Halkos & Aksel Sundström & Nickolaos Tzeremes, 2015. "Regional environmental performance and governance quality: a nonparametric analysis," Environmental Economics and Policy Studies, Springer;Society for Environmental Economics and Policy Studies - SEEPS, vol. 17(4), pages 621-644, October.
    2. Massimiliano Agovino & Maria Ferrara & Katia Marchesano & Antonio Garofalo, 2020. "The separate collection of recyclable waste materials as a flywheel for the circular economy: the role of institutional quality and socio-economic factors," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 37(2), pages 659-681, July.
    3. Gani, Azmat & Scrimgeour, Frank, 2014. "Modeling governance and water pollution using the institutional ecological economic framework," Economic Modelling, Elsevier, vol. 42(C), pages 363-372.

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