Back Yard Barbecues; A Property Rights Violation? No.

From: JJ
Sent: Wednesday, December 07, 2016 12:09 PM
To: Walter Block
Subject: What about grilling? Hi Walter! I’m reading your response to David Friedman in Libertarian Papers 3, 35. You quote Rothbard: “Air pollution, consisting of noxious odors, smoke, or other visible matter, definitely constitutes an invasive interference. These particles can be seen, smelled, or touched, and should therefore constitute invasion per se, except in the case of homesteaded air pollution easements.” What about having a barbecue or a small fire in the fire pit in the backyard? Would Murray say the smoke a trespass against my neighbor? Just curious. Thanks! JJ

Dear JJ: I wrote about David Friedman’s attack on Rothbardian libertarianism and my defense of it here: https://www.lewrockwell.com/lrc-blog/david-friedman-anarcho-capitalist-yes-good-one-no/. I think I can channel Murray on your question: he would say your backyard BBQ fire came under the rubric of de minimus: the law does not take into account trifles. Similarly with exhaling. We all do it. And, yet, doing so lets loose noxious chemicals into the air. Are we entitled to engage in this practice? Of course we are. De minimus. Also homesteading. However, for the view from the “horse’s mouth” (so to speak), go here for the single best libertarian analysis of such environmental-type issues ever written, in my opinion: Rothbard, Murray N. 1982. “Law, Property Rights, and Air Pollution,” Cato Journal, Vol. 2, No. 1, Spring; reprinted in Economics and the Environment: A Reconciliation, Walter E. Block , ed., Vancouver: The Fraser Institute, 1990, pp. 233-279; http://mises.org/story/2120; http://www.mises.org/rothbard/lawproperty.pdf; https://mises.org/library/law-property-rights-and-air-pollution-0

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