Abstract

Although libertarianism is often regarded as “weak” on environmental issues, the truth is more complicated. Because of its commitment to defending private property rights, libertarianism actually lends itself to aggressive protections against pollution—to the point where an interpretive challenge arises in establishing how to reconcile it with any pollution at all. To meet this challenge, libertarians must explicate how societies should delimit and allocate rights over the environment and identify who will be responsible for making these determinations. The most ideologically salient libertarian paths to addressing these questions demand heavy lifting from courts in adjudicating conflicting claims. However, there are reasons to doubt that courts would be up to this task. Libertarians might thus be well-advised to embrace a role for government administration in regulating environmental impacts. Although this would depart from the role libertarians have traditionally ascribed to governments, it would align in spirit with familiar libertarian arguments for government provision of policing, courts, and national defense. Libertarianism so understood would resemble more mainstream views on the environment, though with a stricter emphasis on the protection of individual rights. Libertarians thus have fewer deep disagreements with environmentalists than is generally appreciated. To the extent these disagreements exist, they revolve specifically around the use of state coercion to protect the environment for reasons other than defending rights. Although environmentalists generally approve of such coercion, libertarianism opposes it as a matter of principle. Whether this is so much the worse for libertarianism or environmentalism is ultimately for the reader to decide.