First, he takes up the implications of the fact that the government is a major user of toxic products and therefore a key producer of toxic waste. Second, he shows that the toxic tort problem is aggravated, if not created, because government often changes the legal rules. What's more, the rules can vary from jurisdiction to jurisdiction. Because of the resulting uncertainty, potential litigants can easily find opportunities to get their hands on other people's wealth. As a result, a manufacturer's right to income he produces is less secure than it used to be.
Crowded courts raise everyone's costs.
Government as Cause For all the aspersion cast on private manufacturers of toxic substances, the government apparently is the biggest single user of them. Despite that, the government is frequently immune from legal liability. And even in cases where it can be sued, the officials who make the decisions are not personally liable. The taxpayers pay any damages. Of course, when people can't sue the government, they are more likely to sue the government's suppliers, if possible.