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Judicial Role

Judicial Role (Property · Property Rules and Liability Rules: Practice) — "Boomer v. Atlantic Cement Co., 26 N.Y.2d 219 (1970). Defendant operated a large ceme…

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Boomer v. Atlantic Cement Co. limits the use of private litigation to address broad air-pollution objectives.
A large cement plant operated near Albany.
Neighboring landowners sought injunctions and damages for dirt, smoke, and vibration from the plant.
The trial court found a nuisance, allowed temporary damages, and denied an injunction.
A court performs its essential function by deciding the rights of the parties before it.
Private litigation should not be used to achieve public objectives far beyond the parties’ rights and interests.
Effective air-pollution control requires coordinated public action.
It requires technical research.
It requires consideration of economic impact and public health.
It requires massive public expenditure.
It requires regional and interstate controls.
The elimination of air pollution is a direct responsibility of government, not an incidental remedy in a dispute between property owners and one cement plant.

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"Boomer v. Atlantic Cement Co., 26 N.Y.2d 219 (1970). Defendant operated a large cement plant near Albany. Neighboring landowners brought actions for injunctions and damages, alleging injury to their property from dirt, smoke, and vibration emanating from the plant. A nuisance was found after trial, and temporary damages were allowed, but an injunction was denied. Cement plants are obvious sources of air pollution in the neighborhoods where they operate. A court performs its essential function when it decides the rights of the parties before it. It should not use private litigation as a purposeful mechanism to achieve direct public objectives greatly beyond the rights and interests before the court. Effective control of air pollution requires technical research, consideration of economic impact and public health, massive public expenditure, and regional and interstate controls. A court should not try to accomplish this on its own as a by-product of private litigation. The elimination of air pollution is a direct responsibility of government and should not be undertaken as an incident to solving a dispute between property owners and a single cement plant."

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