Daniel A. Farber,
The Story of Boomer: Pollution and the Common Law, 32
Available at: http://scholarship.law.berkeley.edu/facpubs/768
The significance of the 1970 Boomer v. Atlantic Cement Co case for environmental law is reviewed. The case pitted cement plant construction near Albany, NY, against residents claiming damages from air pollution. The litigation is examined from the perspectives of the issue of damages vs. injunctive relief through the lens of economic analysis, the extent of judicial discretion in remedying environmental harms, and the continuing vitality of the common law in an age of statutes.