
This is a post by Diego M. Papayannis (University of Girona).
Imagine you live just 50 meters away from a massive cement plant. The plant operates lawfully and takes every reasonable precaution, yet its dust emissions still cause severe damage to your property and health. Because the economic activity carried out by the plant is of utmost importance to your town, the court refuses to issue an injunction to put an end to the nuisance. Instead, it awards you permanent damages to compensate for all the harm suffered. Problem solved?