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).

Assumption of the Risk

A plaintiff who expressly agrees to accept a risk cannot recover.

Contributory Negligence

If the plaintiff acted negligently and contributed to the harm, they are completely barred from recovery.

Strict Liability

No mental state or intent required.

Abnormally Dangerous Activity

Factors include 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.

Causation in Toxic Torts

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

Specific Causation

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.

Administrative Procedure Act

Guides agencies on rulemaking and adjudication processes.

Cooperative Federalism

A flexible relationship where federal and state governments work together.

Environmental Law Development

Includes Legislative Delegation, Statutory Interpretation, and Judicial Review.