GBL 295 Chapter Notes - Chapter 15: Herbicide, Rodenticide, Safe Drinking Water Act
Document Summary
Nuisance is the unreasonable interference of another"s right to use and enjoy their property. Landowners can obtain money damages or injunctive relief for their harm and suffering. A polluting entity has failed to use reasonable care toward the injured party and the injured party"s cause of damage was foreseeable: private nuisance harm caused specifically to an individual landowner. The landowner can pursue damages against the tortfeasor: public nuisance harm has a wider effect on the general public. Ac action is considered federal whenever a federal agency has the power to control it through allocation of resources, approval or funding. Determines whether the project is feasible; documents can be used as evidence in court and should be offered for public review, objections are sent to epa. Factories, industrial plants, etc: mobile sources of pollution requires that air pollution controls are installed in all mobile sources. Illegal to dump waste into sources of water producing for human consumption.