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Environmental Law notes

Environmental Law notes - Environmental Law notes Can go to...

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Environmental Law notes Can go to court: Common law- precedent Statutes- cause of action Breach of contract Look for issue, rule/cause of action, harm, holding, and remedy -Private Nuissance- substantial interference w/ plaintiff’s property use, caused by defendant, intent (not involuntarily/ accidental), harm was certain to occur -Public Nuissance- substantial interference w/ common good, intent, certainty of harm -Negligence- defendant had duty of care which was breached, causation- “but for”, proximate cause (foreseeable victim and harm) -Strict Liability- defendant engaged in abnormally dangerous activity, but for , forseeability. Can file strict liability for 5 years after incident. abnormally dangerous activity- involves high degree of risk/ harm, not a matter of common usage, inappropriate at place carried out Defenses: Coming to the nuissance (only to private nuissance), permit defense, latest industry standard, contributory negligence, private contractor defense Permit defense- does permit say “barred from all statutes” Helps against negligence- helps against it Private contractor defense- If independent contractor is hired and does negligence at defendants defense If the defendant negligently gives materials to unreliable contractor, wont work Does defendant have a duty? Sources- prior case law, reasonable person test, B< (P*L), statutory legislation, custom industry practice B< (PL) Economic burden of carrying out task Probability of something happening L- potential liability of not performing task Boomer Case : Cement plant enters area and dust causes asthma and property damage. Boomer Balancing test- the courts felt that the economic impact (many workers, funding from tax revenues, etc) were too important to shut the plant down, so they told the factory
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to straighten up the problems within a certain amount of time. Applies only to private nuissance. Schenectady Chemical case: A guy would come pick up harmful chemicals and drop them into a low lying marsh, which refilled the aquafier. Public negligence. Del Webb v. Spur industries: Webb built a community near a ranch. Stench cloud grew from the ranch. Did Webb intentionally buy near the farm so the homes go for cheap, and when people move in, file public nuissance, injunct farm, and face sky rocketing prices? Court had the ranch relocate, at Webb’s expense. Blanch v. Western Petroleum Petroleum seeps into ground and ends up in well. Blanch must import water, dig wells, etc. plus, dead animals. Blanch moved to the area, however, Western Petroleum is engaged in dumping hazardous material. Summers v. Tice 2 people shot Summers. Both engaged in dangerous action. So, sue the person that has more $. Then that person can sue the other for $ to balance it out. Overton Park Case: Land is taken from the people, and highway is being built through the park. Cheaper to build through park than through private property.
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