> Otherwise all activities could be found to be harming after the fact. Right, but that's not the case here - that's not what the court is doing. If they were

> Otherwise all activities could be found to be harming after the fact. Right, but that's not the case here - that's not what the court is doing. If they were levying a fine for past damage based on todays knowledge, it would be ex-post-facto. Agree the tesla example isn't great, if that's all you were responding to.