Assessing the common law as a replacement for pollution control regulations.
In 2007, the U.S. Supreme Court declared greenhouse gases to be pollutants subject to regulation under the Clean Air Act. The Court’s decision in Massachusetts v.
Whether a given species is at risk of extinction may be a scientific question, but what to do about it is not. What conservation measures should be adopted to address such threats, and at what cost, are policy questions, says Jonathan Adler