V. Title: Property Crimes, Pollution.

by Jim
(Maryland)

A. Case Law Precedent. “When a man causes a field or vineyard to be grazed over, or he lets loose his beast and it grazes in the field of another, from the best in his field or vineyard he must make it whole. When fire breaks out and catches in thorns, and shocks of grain, or standing grain, or the field is consumed, the one causing the burning must most certainly make the situation whole” (Exodus 22:5,6).

B. Statutory Provision.

1. Definitions. “Pollution” is a form of invasion of private property rights similar to trespassing, which legitimizes government involvement. “Private Property Rights” are the right to exclude others using, the right to benefit from, and the right to transfer an asset.

2. Liability. Whether pollution is intentional or accidental, the violator shall make simple compensation, not double restitution. In cases where an activity or pollutant was not known to be harmful, no person shall be held liable, ex post facto. No person shall be held liable for polluting their own land.

3. Standards. The government may impose reasonable pollution control standards on machines, vehicles or factories in cases where there are multiple and often minute polluters. The cost of meeting these standards shall be borne by the individual polluter.

4. Regulations. Consistent with its responsibility for protection of the public, the local government may impose fire, smoke or other pollution regulations to minimize the risk of damage to society at large. Reasonable graduated fines may be imposed based on the level of pollution, recognizing that zero or extremely low levels of pollution are utopian goals.

5. Enforcement. Standards shall be imposed and enforced at the lowest level of government practicable, in accord with the biblical principle of local (“town”), self-government (Dt. 16:18). Higher levels of government may become involved only to settle disputes (Ex. 18:26; Dt. 17: 8,9).

C. Related Principles & Points of Law. Under the curse of man’s fall, the earth brings forth “thorns and thistles”, the effect of which may be mitigated, but not totally eliminated (Gen. 3:18). Pollution of the earth is ultimately a spiritual problem, and its solution lies ultimately in repentance and restoration and maintenance of the national covenant with God. “The earth is also polluted by its inhabitants, for they transgressed laws, violated statutes, broke the everlasting covenant. Therefore, a curse devours the earth….” (Is. 24: 5,6).

The individual family, not government, is the God-ordained steward of the land (Gen. 1:28). It follows that a private owner is more interested and better able to control pollution of his own property than the government.

A property owner who knew in advance about polluting neighbors and purchased at a discount has already been compensated. The equity of pollution laws permits government to enforce medical quarantines to protect pubic health (Lev. 13, 14).