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Rothbard pollution, property rights help

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aderwent Posted: Wed, Jul 13 2011 5:19 PM
I apologize if this should go elsewhere. In his economics 101 audiobook/cd (the section on conservation and property rights), Rothbard talks about the courts unfortunately deciding with the factories during the industrial revolution. He says they ruled against farmers who were trying to fight the pollution that was hurting their farms. Can somebody help me find some specific court cases? Or are they lost in history? I’m on my phone so that’s not making things easier. I plan on writing a rebuttal of this ridiculous op-ed: I've now found that I should look for "The Transformation of American Law", but I don't want to have to buy it, and my libraries (surprise, surprise) don't have it. The "Plead the Ninth Amendment!" article is nowhere to be found by me either. Help would be greatly appreciated.
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"The Transformation of American Law: 1780-1860)" can be found in PDF here:

I will try to look around for the "Plead The Ninth Amendment" as well.
My long term project to get every PDF into EPUB: Mises Books

EPUB requests/News: (Semi-)Official EPUB Release Topic

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puchcik replied on Wed, Mar 28 2012 11:20 AM

Hi there


I am looking for similar examples

There was an article here somewhere with a court case of a person complaining about farm waste coming from nehgbour farm and polluting their land/property

Court agreed that compensation was to be awarded and demages repaired. I cannot seem to find it now. Have you found any good examples by any chance?


thanks, Bartek

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ThatOldGuy replied on Wed, Mar 28 2012 10:35 PM

Unfortunately, this is the best I could find on the matter. I'd recommend looking into the source provided on the 46 cases statement.

These articles may prove helpful as well:


The Common Law: How it Protects the Environment (full)
Perk Reports: The Magazine of Free Market Environmentalism Vol 25 | No 1 | Spring 2007
Do Profits Promote Pollution? The Myth of the Environmental Race to the Bottom

PERC itself is a great resource regarding the applications of the market and property rights on the environment

If I had a cake and ate it, it can be concluded that I do not have it anymore. HHH

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puchcik replied on Tue, Apr 3 2012 11:13 AM

this is excellent,

thanks for your help, greatly appreciated!

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Conza88 replied on Tue, Apr 3 2012 11:30 AM

I'm assuming Law, Property Rights and Air Pollution would be helpful.

Ron Paul is for self-government when compared to the Constitution. He's an anarcho-capitalist. Proof.
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puchcik replied on Tue, Apr 3 2012 11:36 AM

yep, this one I already have



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