A. Alberini et D. Austin, On and off the liability bandwagon: Explaining state adoptions of strict liability in hazardous waste programs, J REGUL EC, 15(1), 1999, pp. 41-63
We test a model of states' adoption of the hazardous waste liability regime
(negligence, strict liability) providing greater net benefits. The likelih
ood of adopting strict liability increases in a state's number of chemical-
intensive manufacturing plants, decreases in the number of large mining est
ablishments. Also predictive: severity of state's hazardous waste problem,
effectiveness of other state environmental programs, and political climate.
States may view strict liability as better for industrial than mining poll
ution, and may be partly motivated by "precaution targeting" and "deep pock
ets" mentality. Non-adopters may wish not to discourage business or have ot
her programs that substitute for strict liability.