What are some common-law doctrines to obtain recovery for environmental harm?
Before environmental laws were enacted by Congress and state legislatures, people harmed by environmental contamination could resort to a number of common-law doctrines to recover damages from those responsible. These doctrines are in use today, but are less necessary due to0 the enforcement provisions of modern environmental laws. The theories most commonly applied to environmental harms are nuisance, trespass, and negligence. Under the nuisance doctrine, when a landowner unreasonably uses his or her land in a way that substantially interferes with the rights of others in the area, a landowner may be held liable for damages. A public nuisance is one that causes a broad, general harm to the public, such as contaminating the public water supply. A private nuisance causes an unreasonable interference with the right or interest of a private individual, usually an adjoining landowner. A nuisance can be both public and private. For example, factory smoke that diminishes the value of neighbo
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