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Copyright (c) 1976 Tulane University
Tulane Law Review

ARTICLE: A Solution to Pollution

March, 1976

Tulane Law Review

50 Tul. L. Rev. 614


M. Truman Woodward, Jr.*


The title of this article is somewhat misleading for it does not delineate any hitherto unknown scientific panacea for the ills of pollution. Needless to say, none of us countenances the pollution of our atmosphere or of the sources of our drinking water with poisonous or noxious products in dangerous quantities. Nor do we disagree with the broad social objectives of environmental quality. On the other hand, we should realize that some threats of cataclysmic devastation are unwarranted and that every evidence of pollution, no matter how infinitesimal, need not be wholly eradicated immediately without regard to proof of necessity and irrespective of cost. Some sensational prophecies that we hear and read are selfserving; some are designed to achieve publicity not otherwise attainable; and some are the progeny of political opportunism. I submit that a less frenetic approach is in order.

For some years, Louisiana has had a Stream Control Commission 1 and an Air Control Commission 2 which, although burdensome to industry, have not caused the almost insuperable problems sometimes imposed by recent federal legislation. Prior to the creation of these commissions, the protection of Louisiana's environment was accomplished either by actions against landowners for abatement of nuisances pursuant to articles 667-69 of our Civil Code or by delictual actions pursuant to Civil Code article 2315, which corresponds to article 1382 of the Code civil.

According to Planiol, 3 the notion of fault in delictual obligations includes liability and responsibility for the consequences of ...
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