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The Most Ambitious Environmental Lawsuit Ever

nytimes.com

21–27 of 27 posts

Re: The Most Ambitious Environmental Lawsuit Ever

#21
post #10
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

As a litigator, I appreciate the sentiment, but litigation is ineffective at enforcing the rights of large numbers of people. Say there are no bank regulations, and a bank skims $100 of the accounts of ten million customers. The bank makes a lot of money, but it's not worthwhile for any given individual to sue. Your only recourse is the class action lawsuit, with all the limitations that entails. The situation is eve…

What you are describing about banks is outright theft, which under any system would be punished.

Even if courts did not exist, very few business would be that dumb to steal from their customers, because once details of it were known to the public, all rational customers would take their money out of the bank and it would eventually go out of business.

Re: The Most Ambitious Environmental Lawsuit Ever

#22
post #21
post #10

Earlier quoted context omitted.

As a litigator, I appreciate the sentiment, but litigation is ineffective at enforcing the rights of large numbers of people. Say there are no bank regulations, and a bank skims $100 of the accounts of ten million customers. The bank makes a lot of money, but it's not worthwhile for any given individual to sue. Your only recourse is the class action lawsuit, with all the limitations that entails. The situation is eve…

What you are describing about banks is outright theft, which under any system would be punished. Even if courts did not exist, very few business would be that dumb to steal from their customers, because once details of it were known to the public, all rational customers would take their money out of the bank and it would eventually go out of business.

There's lots of ways to steal a little bit from people in ways they don't realize or can't do anything about. Stealing $5 bucks outright is of course the obvious thing; disproportionate overdraft fees or ordering transactions to maximize overdrafts is another; selling something with apparent X% risk and real X+Y% risk is more subtle still.

Information asymmetry isn't a theoretical construct--it's the basis of a lot of different ways to steal from people without their knowing.

Re: The Most Ambitious Environmental Lawsuit Ever

#23
post #13
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

There's a deeper and equally sincere and deep-seated belief behind said beliefs: It's objectively true that increasing the cost of energy amounts to something like a regressive tax: it will harm the poor and the middle class considerably more than it will harm the wealthy. Among causes for our current middle class woes, some have cited the peaking of domestic conventional oil in the 1970s and the general end of extre…

Energy cost is regressive. In theory, that can be fixed by allocating each household a budget of X units worth of energy at a low or no cost (or an equivalent in cash), and charging much more for excessive use by those who consume more

Re: The Most Ambitious Environmental Lawsuit Ever

#24
post #9

One of the things that attracts me to libertarianism is how environmental disasters are handled. Shocker but under a more libertarian system, there would not be laws that protect wealthy corporations specifically allowing them to get away with pollution. Public and private land owners would be able to rightfully sue culprits for property damage. In fact, some of the worst polluters are nations where the state owns th…

A valid point, but a lot of complications and unanswered questions. One major problem is that it weakens the rule of law (something that most libertarians prize highly) when you throw so much into the courts. Nobody knows where they stand or what their liabilities are, which leads to paralysis. I identify with libertarians, but I think it would be much better to come up with clear laws inidicating the costs of negati…

I especially agree with your last sentence.

Re: The Most Ambitious Environmental Lawsuit Ever

#25
post #7
post #5

What's tough and utterly ignored by this article is that it's not just the lobbyists who oppose you, it's ordinary people. There is a sincere and deep seated belief that it's morally objectionable to ask companies to answer for their actions in a court of law, that there are no alternatives to destroying the environment, and that such lawsuits threaten the existence of economies like that in Lousiana. That's why thes…

Frighteningly accurate. Most people shun the very act of investigating claims made by public figures if a.) (they believe) their livelihood is at stake on the issue && b.) said statements "tow the line." My take on both examples: it's up to the rest of the electorate to raise the political stakes on said issues. At least to the point where two presidential candidates can't fight over who's more pro-coal. Or to the po…

http://www.nola.com/environment/index.ssf/2014/10/state_judg...

Re: The Most Ambitious Environmental Lawsuit Ever

#26
post #7

Earlier quoted context omitted.

Frighteningly accurate. Most people shun the very act of investigating claims made by public figures if a.) (they believe) their livelihood is at stake on the issue && b.) said statements "tow the line." My take on both examples: it's up to the rest of the electorate to raise the political stakes on said issues. At least to the point where two presidential candidates can't fight over who's more pro-coal. Or to the po…

http://www.nola.com/environment/index.ssf/2014/10/state_judg...

Thanks for the update! Looks like the bill's poor verbiage is to blame; hopefully Clark will issue a ruling as to its constitutionality as well -- as she alluded to doing.

Re: The Most Ambitious Environmental Lawsuit Ever

#27
post #26

Earlier quoted context omitted.

http://www.nola.com/environment/index.ssf/2014/10/state_judg...

Thanks for the update! Looks like the bill's poor verbiage is to blame; hopefully Clark will issue a ruling as to its constitutionality as well -- as she alluded to doing.

http://www.wwltv.com/story/news/local/investigations/david-h...
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