where I grew up on the farm was a dumping pit. I suspect my grandfather dumped nasty things into that pit, because that was the standard way to get rid of these things 60+ years ago. The environmental problems such actions caused were simply not the concern they are now days. Farms have machines, and machines use oil and other petrochemicals. Used oil must go somewhere, and sixty or seventy years ago, that "somewhere" was often in the pit in the "back 40." People didn't dispose of used oil or petrochemicals like we do today. It just wasn't done. Used tires, plastics, old appliances, materials with asbestos and lead, and who knows what else were also common byproducts of farms.

Given this, should the fact that this was common practice and the dangers were not known at the time release the farmer's estate, heirs, family, and/or assigns (including our current landowner) from liability? Would you support an "everybody was doing it and no one knew it was bad at the time" defense? Why or why not? If such an exemption did exist, who would be responsible for the cost of cleanup? The government alone? Do you see any problems with that scenario?

However, isn't punishing me today for doing something 60 years ago that wasn't punishable back then contrary to our understanding of "fairness and justice"? As I noted, constitutionally speaking such a law is calledex postfactoand is generally unconstitutional.Since we can't really argue the law is not legal, let's discussfairness. Is the imposition of liability in this mannerfair? Why or why not?