While it would be impractical to try and regulate capital investment, it is still surprising that there is so little to deter risky investments. It is still easy to invest in capital equipment that produces harmful effects or products. The reasoning would seem to be the notion that capital investments are purely private decisions. We leave it to the private investor to consider the private benefits. As to the potential for public harm, a dual system of ex post and ex ante disincentives are supposed to send a signal to prospective investors. Ex post, liability could be costly, and could serve as a deterrent for engaging in potentially harmful behavior, by investing in harmful capital. Ex ante, a regulatory state is supposed to intercept the most dangerous industrial practices, and should disincentivize the capital investments that enable them. These dual disincentives have been insufficient in stemming the investment in harmful capital.