10.3 property rights and environmental protection

Question 1

common law

Answer 1

custom and judicial precedent

Question 2

nuisance law

Answer 2

A part of common law where “anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another

Question 3

tort

Answer 3

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

Question 4

charmichael vs city of texarkana 1899

Answer 4

*The city builds sewage plant dumped
sewage into a river that was immediately
opposite of the Carmichael family property.
*City was acting within city laws, but judge
found in favor of Carmichael.
*This forced the city to consider the costs of
its actions

Question 5

georgia vs. tennessee copper co. 1907

Answer 5

*The state of Georgia filed a nuisance suit on
behalf of citizens who were injured by
“sulfurous fumes” from two copper smelters
that were across the Tennessee border.
*The case went to the Supreme Court where
the Court issued an injunction to stop the
smelters

Question 6

whalen vs union bag and paper co. 1913

Answer 6

*A paper pulp mill began discharing a liquid effluent containing sulphurous acid, lime, sulphur, and waste material consisting of pulp wood, sawdust, slivers, knots, gums, resins and fibre into a river what flowed past property owned by the Whalen family.
* The court granted an injunction on the mill’s
activities
* The paper mill counter sues and the injunction is lifted, but the firm has to bargain will all downstream owners in order to be allowed to discharge waste into the river

Question 7

Firms may go beyond EPA requirements because there are still liabilities in common law courts

Answer 7

Hooker Chemical forced to sell land to school even though they did not want to b/c they were concerned with the chemicals in area. Told school about where they could build as to not disturb these chemical pits.

School sells some land b/c chemicals. Hooker Chemical advices against this. School decides to sell. Results in many incidences: sinkholes, breathing problems, etc.

Hooker (now known as Occidental) is sued by the US gov’t. Is blamed for not disposing chemicals properly. Occidental settles. (even though it was all the schools fault)

Question 8

why does improvement occur before the central gov’t takes action?

Answer 8

property rights, courts and common property management associations have been around for decades and may explain why environmental issues have been improving before the central gov’t did anything