Wednesday, October 16, 2013

Holmes and Interstate Air Pollution

Often neglected these days are Justice Holmes's opinions protecting the environment. The Supreme Court has decided to hear several challenges to EPA air pollution regulations, including a rule limiting the pollution a state can dump into anothers' air. The Environmental Defense today reminds us that Holmes affressed this problem in 1907:
“[i]t is a fair and reasonable demand on the part of a sovereign” in our federal system “that the air over its territory should not be polluted on a great scale … by the act of persons beyond its control.”