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Abstract

As we approach the fortieth anniversary of the Clean Air Act, it is worthwhile to review the basic philosophical underpinnings that place limits on private ownership for the public good. This presentation will examine the Public Trust Doctrine, which dates back to the time of the Emperor Justinian, in relationship to protecting the public from the harmful effects of air pollution. It will focus on issues that have emerged since the 1970 Clean Air Act, such as exposures to environmental tobacco smoke. It will also focus localized situations in which significant exposures can occur in the surrounding population, such as the emerging health threat of outdoor wood boilers. A central concern in all these instances is what the primary responsibility of government should be as the keeper of the public trust.

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