San Diego Law Review


Rhoda L. White

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[W]hether law should intervene to prevent or to compensate for harms documented by scientific evidence is clearly a value-laden question of law and policy. What we decide to call pollutants . . . may be partly determined by what harms we think are important, which harms we think we can control, and which harms we wish to do something about. . . . From a policy point of view, we should be interested in carefully weighing the costs and benefits of any legal intervention to protect the environment as well as the distribution of those costs and benefits . . . [Or] [p]erhaps the issue is not one of rights or costs and benefits but one concerning the kind of life we want to live.

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