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UK jury approves damage to power plant in defense of a commons/ other private property; libertarians and conservatives freak out

September 12th, 2008 6 comments

See this surprising decision in the UK, letting climate-change protesters/trespassers off the hook for damages resulting from spray-painting a coal plant smokestack, on the grounds that a UK law “allows damage to be caused to property to prevent even greater damage.”

Why is this single jury verdict supposedly the end of the world (as Iain Murray of CEI, blogging at NRO’s Planet Gore would have it)?  Libertarians (Rothbard, Block, Bratland, Cordato) have long argued that:

– we should move away from the statist regulation of polluters and return to a simpler world of a resort towards common law and courts (permitting injunctions on industrial activity for the slightest damage) to defend property; and that

– the issuance of a license allowing a firm lawfully “to pollute and, hence, invade or damage property of other parties” “entail[s} a fundamental and pervasive violation of property rights”; that

– one “observes that any detectable man-made climate change has occurred during periods of inadequate or nonexistent tort protection from air pollution”; and that

– “A sensible and thoughtful first crucial step in assuring a sustainable atmosphere for future generations is to assure adequate tort protection of the personal property rights for current generations“?

It is clear that I am on firm ground in expecting in response to this decision a rush by “skeptical” libertarians and conservatives to demand MORE action by government, rather than less of it.  After all, the defense offered by the greenies in the UK was based on a statute that can be simply amended, and thereby order restored (with nary a pang of concern for fusty old common-law doctrines).

And if this is what we get from libertarians, is there any wonder that greenies – including radicals like Austrian Ed Dolan and libertarians Jon Adler and Ron Bailey – think that resort to some sort of globally coordinated multi-state action is needed to deal with a global issue?

Oh, and let me add – it seems like a “wrong” decision to me, too.