Common Law
What are the elements of Nuisance?
Causation, unreasonable harm, intent
What are the elements of Trespass?
Unauthorized, entry, upon land
What are the elements of negligence?
duty, breach, causation and harm
Where do agencies get there powers?
What is environmental rights?
people have a fundamental right to a clean and healthful environment
What are the elements of strict liability?
Action, causation and harm
What is the difference between private and public nuisance?
Private is interference with the plaintiffs personal land and public is interference with a right of the general public
What is common law?
The part of the law that derives from English Courts and is "judge made law"
Executive Branch
What is preemption?
When a higher level of government inhibits or hinders the power of a lower level of government.
What does injunction mean?
A court order making someone stop doing something.
What are the two parts of causation in toxic torts?
General and Specific Causation
What are the two different types of damages?
Compensatory and punitive
What are the two types of enforcement?
Civil and Criminal
What is one of the hardest initial steps in the legal enforcement process?
Detection of the violation
Brightside Corporation storage tack of ultrahazardous chemicals ruptures spilling into a nearby river. This causes environmental harm. The company did not have a permit for the discharge. Can we sue them for Strict Liability?
Explain your answer
Either foreseeable or natural continuous chain.
What is the test for actual causation? And what does it mean?
But For Causation- that it was the cause in fact.
Under the citizen suit provision, who can bring a suit against who?
citizens or organizations can bring a suit
against
a person, the government/agency, and the administrator of the agency
Provide two examples of environmental justice issues.
Explain your answer
Greenfield corp. manufacturing plant leeches toxic chemicals in to the soil. The chemicals gradually spread onto Brooks' Farm causing a decrease in crop yields. Can Brooks sue for environmental trespass?
Explain your opinion.
Lakeside industry discharges wastewater into a nearby river that contains pollutants that harm the water quality and local ecosystem. Mya sues for environmental negligence. Which of the following must Mya prove?
A. That Lakeside intentionally discharged pollutants
B. That Lakeside failed to exercise reasonable care causing environmental harm.
C. That Lakeside failed to follow state regulations
D. That the pollution caused sudden and extreme environmental harm.
B is correct.
What is a prima facia case?
"On the face of it"- in other words did the plaintiffs include enough information to go before a jury.
What are the three elements of standing?
Injury in fact, causation, and redressability
What are each of your professors favorite candies?
Hailey- Peach Rings
Jacob- Reese's Pieces