Contrary to Pigou and Samuelson, manufac- turers, foundries, railroads, etc., could not act in a vacuum, as if the costs they imposed on others were of no moment. There was a "way to force private polluters to bear the social cost of their operations": sue them, make them pay for their past transgressions, and get a court order prohibiting them from such invasions in future.residential area, for example, would subject the firm to debilitating lawsuits.
Upholding property rights in this manner had several salutary effects. First of all, there was an incentive to use clean burning, but slightly more expensive anthracite coal rather than the cheaper but dirtier high sulfur content variety; less risk of lawsuits. Second, it paid to install scrubbers, and other techniques for reducing pollution output. Third there was an impetus to engage in research and development of new and better methods for the internalization of externalities: keeping one's pollutants to oneself. Fourth, there was a movement toward the use better chimneys and other smoke prevention devices. Fifth, an incipient forensic pollution industry was in the process of being developed.16 Sixth, the locational decisions of manufacturing firms was intimately effected. The law implied that it would be more profitable to establish a plant in an area with very few people, or none at all; setting up shop in a
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