Overview of Nuisance, Negligence, and Environmental Law

Public Nuisance

Interference with a right that the general public shares in common.

Private Nuisance

Interference with the plaintiff's personal land.

Negligence

All 4 elements required: Duty, Breach, Causation, Damages / Harm.

Duty

The defendant owed a duty to the plaintiff to conform to a specific standard of care.

Standard of Care Owed

What a reasonably prudent person of ordinary sensibilities would have done under these circumstances.

Industry Custom

A certain standard of care adopted by the industry.

Breach

The defendant breached their duty.

Causation

The breach was the actual and proximate cause of the plaintiff's harm.

Actual Cause

But for the defendant's actions, would the harm have occurred?

Proximate Cause

Was the event and harm foreseeable, or was there a natural and continuous chain of events leading to the harm?

Damages / Harm

Compensatory Damages: Reflect the harm actually suffered (out-of-pocket expenses, pain and suffering).

Punitive Damages

Designed to punish the defendant for wrongdoing (only available if the defendant acted with malice or reckless indifference).

Strict Liability

Defendant is liable for harm that his actions caused even though there may have been no misconduct at all by the defendant

Abnormally Dangerous Activity

Factors: likelihood of harm, extent of harm, inability to eliminate risk, unusualness of activity, inappropriateness to location, and risk outweighing community benefit.

Trespass

Unauthorized entry onto land.

General Causation Toxic Torts

The toxin is capable of causing injuries like the plaintiff's at the same level of exposure.

Specific Causation Toxic Torts

The toxin released by the defendant caused the plaintiff's injury.

Judicial Branch

Supreme Court: Justices nominated by the President, confirmed by Senate (Simple Majority).

Executive Branch

Chief Officer: The President.

Legislative Branch

Senate: 2 Senators per state.

House of Representatives

Population-based representation.

Article I of the Constitution

Establishes the legislative branch of the U.S. government.

Administrative Procedure Act

Guides agencies on rulemaking and adjudication processes.

Informal Rulemaking

Notice and comment (public participation).

Informal Adjudication

Non-adversarial hearings, interviews, or inspections.

Formal Adjudication

Court-like hearings with an Administrative Law Judge (ALJ).

Commerce Clause

Congress can regulate commerce with foreign nations, states, and Indian tribes.

Cooperative Federalism

A flexible relationship where federal and state governments work together.

Preemption

Federal law overrides state law in case of conflict.

State Authority

States can regulate as long as it is constitutional and not preempted by federal law.

Legislative Delegation

The process by which Congress delegates authority to agencies.

Judicial Review

The power of courts to assess whether a law is in compliance with the constitution.

Civil Enforcement

Civil proceedings can lead to substantial fines and penalties.

Administrative Proceedings

Generally less expensive but allow for higher penalties.

Supplemental Environmental Projects

Compliance measures that serve as alternatives to fines.

Potential Penalties for Environmental Non-Compliance

Jail time and hefty fines.

Moral Calculators

Deterred by penalties.

Political Citizens

Less affected by penalties.

Organizational Incompetence

May not respond to penalties.

Citizen Suits

Allow individuals and groups to sue environmental law violators.

Standing Requirements

Plaintiff must show actual harm, prove a direct link between harm and violation, and a court ruling must be able to remedy the harm.

Types of Injuries from Toxic Chemical Discharge

Aesthetic, conservational, recreational, and economic.

Understanding Standing in Environmental Law

Standing is necessary for a case to proceed; plaintiff must prove present harm and causation.

Three categories of Strict Liability

1) Wild Animals: Defendant kept wild animals that escaped their confinement and caused damage.

2) Abnormally Dangerous Activity or Ultra-hazardous: The defendant engaged in abnormally dangerous activities which caused damage.

3) Product Liability: Certain products that are defective and cause harm.

Elements of Strict Liability

1) Action

2) Causation

3) Harm