Environmental Nuisance Lawsuit, Essay Example

The excerpt is about a citizen’s (NICE) suit against the liquid manure spreading operation of a large dairy farm (Northfield farm). A citizen can take legal actions to enforce environmental laws against violators. Federal environmental statutes in the U.S. allow any person to bring a citizen suit. The citizen is required to demonstrate primarily that a law was violated and not that there was causation or fault linked to threatened or actual harm. Normally, the cases result in certain action being ordered by the court or the government is awarded some civil penalties. In enforcement suits citizens are not given any compensation for property damage or personal injury. For enforceability of settlements, court negotiated consent decrees are crafted with interim deadlines for specific penalties and actions. I agree with the ruling of the judge in favor of the plaintiff (NICE) and the environment. This article will explore the extent to which the judge complied with the violator pays rule to arrive at his judgment.

The violator should pay the aggrieved party all reasonable litigation costs foregone in pressing the charges, however we shall focus mostly on the judge’s decision to best understand the outcome of the scenario at hand. The decision of the judge and its implication on the environment can best be understood by first having to take a look at some key legal issues. First, we shall consider the doctrine of nuisance and trespass which deals with interference with ability and right to enjoy ones or public property or land (Susan, 2006). Nuisance can simply be some right thing done in the wrong place like the case of manure over spilling into the property of anxious causing private nuisance. Private nuisance is a result of unreasonable and substantial interference with the enjoyment and use of an interest in property. The judge concurs that public nuisance has been caused by the Northfield farm which causes pollution when it allows runoff into the river which also renders the public park unusable. Note that the citizen has not provided enough evidence to proof that it is due to the smell of the manure that people shun using the park. The judge has merely followed the provisions of the law by taking a preemptive action to prevent the actual occurrence of the allegations since the citizen primarily needs to show that a certain right is being threatened.

The slew and swale flow into river Nishna causing public nuisance. When an act causes inconvenience, obstructs public rights or damages public health or order, it is regarded as a public nuisance. A trespass occurs when a harmful substance is allowed carelessly or intentionally to invade another person’s property, be it by water, land or air (Steven, 2004). The defendant was liable for compensating the plaintiff with the $500 amount he used for cleaning up the mess.

In the case of pollution the court normally considers the following facts in a nuisance case; the degree and character of the injury, unsuitability or suitability of the source including the question of the priority of the location, economic reasonableness of control and technical practicability, subsequent compliance if any and socio or economic value. Enforcement mechanisms include criminal and civil penalties for the violating party but there must first be a warning accompanied by a compliance schedule and if the offender is an able to comply or when the case is so severe, the entire operation might be required to shut down.

The judge’s decision complies with the above criteria necessary for dispensation of justice. The plaintiff is assured that action will be taken to protect the environment (river) from pollution. The defendant (Lively) has been given ample time to take action to prevent future interference with the environment and Mr. Anxious property failure to which he will be required  to pay a fine of $1000 after the elapse of the compliance schedule. The judge made a completely informed decision that will impact on public health and welfare.

References

Susan J.B., (2006). “Understanding Environmental Administration and Law. 3d ed”. Washington, DC: Island Press.

Steven F., (2004). “Environmental Law: Examples and Explanations.: 3d ed. New York: Aspen Publishers.