MGMT 311 Chapter 25

Nuisance

A person may be liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property

Toxic tort

A theory of negligence or strict liability (depending on the circumstances) against those who pollute the environment with toxic substances.

The clean air act

Created the EPA EPA passes regulations on: Mobile sources of air pollution such as cars, other vehicles and Stationary sources of air pollution such as electric/utility plants, industrial plants Violations include civil penalties of up to $25,000/day $5,000/day for things like failure to maintain proper records Criminal penalties include fines and jail time Private citizens can sue to enforce the act and earn up to $10,000 for reporting violations

Federal regulations

EPA- environmental protection agency, created in 1970, coordinator for all federal environmental regulations Other agencies- FDA Major environmental statues- clean air act, clean water act, safe drinking water act, ocean dumping act, oil pollution act Environmental impact statements- if major federal action takes place that significantly affects the environment, the agency must issue an environmental impact statement Ex if major federal action: substantial commitment of resources (monetary or other), things relating to environment

Private nuisance

If an indicidual can identify a harm to his property rights distinct from that suffered by others, than he may get relief for the private nuisance

Clean water act

Limits discharges of pollutants into water used for navigation, recreation or swimming Similar fines and penalties to Clean Air Act

Public nuisance

On the other hand, if the harm is to the public at large, then generally a public authority will seek relief for the public nuisance

Superfund

People held responsible: 1. Person who generated waste 2. Person who transported waste 3. Person who owned and operated the sit at time of disposal 4. Current owner or operator of site

You own and live on 10 acres outside city limits. The 50 acre tract beside you sells and the new owner starts a hog operation - 50 sows, a nursery, feeding floors, etc... During the hot summer months in Texas the stench is so strong you can barely stand to be in your own home. What can you do about it?

Private nuisance: plaintiff shows he suffers harm to his property rights separate and distinct from that suffered by others Courts balance the harm caused by the pollution-here it is air pollution- against the costs of stopping it. Also, you owned your property first and the nuisance came to you. So, you have a pretty good chance of winning. What do you get? Money damages because you can no longer enjoy your property or an injunction to stop the hog operation and force them to move- depends on what you ask for and what the court allows

Factory in your town causes townspeople to suffer from illnesses due to smoke and soot inhalation and property damages from vibrations of the factory machinery. However, the economy of the town depends upon the factory.

This is more of a Public Nuisance. Private Nuisance suits can be filed here, too for damages - property values decline, personal physical injuries, etc. if the plaintiff shows distinct harm. BUT.... the court will probably not issue an injunction to stop the factory from operating. So, although perhaps a public nuisance case is brought, the cost of shutting down the factory is too great to the town at large. Perhaps the government can see if the factory is violating environmental statutes?

State and local regulations

Zoning laws- how many trees must be preserved

Oil pollution act

creates liability for damages to natural resources, private property and local economies caused by the discharge of oil into navigable water or onto an adjoining shore.

Safe drinking water act

empowers the EPA to set maximum levels for pollutants in public water systems. Suppliers of drinking water must send to every household a statement containing: - levels of contaminants in the water - possible health concerns - source of water

Ocean dumping act

regulates the transportation and dumping of pollutants into ocean waters.