Doctrine and Class Notes
The Rise of Federal Statutory Environmental Regulation
Common Law Roots: Public and Private Nuisance
i. Madison v. Ducktown Sulphur, Copper & Iron Co., 113. Tenn. 33 (1904) [CB: 64] 1. Facts: TN company near the GA-TN boder, runs a copper-smelting operation; burning open-air piles of ore which produces harmful sulphur smoke.
2. Issue: What can the law do to address this situation?
3. Potential Solutions:
a. Close the Factory:
were on the land first, their health/property is being harmed.
2. Property Rights: protect use and enjoyment; allow farmers to stay on their land.
ii. Con: Economics [Cost Benefit Analysis (CBA)] 1. $2 million (value of copper smelting operation) vs.