Environmental Law

Question 1

What is a private and public nuisance?

Answer 1

Private Nuisance: substantial and unreasonable interference with a private person’s use of his land

Public Nuisance: interference with public land, health or safety

Question 2

What does it mean to trespass?

Answer 2

Must show an invasion which interferes with the right of exclusive possession and use of property.

Question 3

What is strict liability?

Answer 3

Liability without fault for engaging in unduly dangerous activities. So dangerous you don’t have to prove fault.

Question 4

What are problems with private causes of action?

Answer 4

High cost of litigation and difficulty of proof.

Question 5

What is the Clean Air Act and what does it impact?

Answer 5

Impacts factories and cars. Automobiles are thought about the most.

Question 6

Who is in charge of air protection and why?

Answer 6

The federal government - if it was state, there would be inconsistency.

Question 7

What are remedies for cleaner air?

Answer 7

Cars - get old and go away, the new ones are better

Power Plants - renovate to higher standards, close plants

Question 8

What is the Clean Water Act?

Answer 8

came about 40 years ago, causes were humans, farm run-off, pesticides to water (non source pollution), both point-source and non-point source. Regulated by feds, enforced by state.

Question 9

What is the Superfund Law?

Answer 9

Set aside $$ to fund remediation sites (Superfund - very dangerous). New Jersey has most plants. If you buy contaminated property, it’s your problem (even if you don’t mess it up)
If you can prove it (very difficult) you can get $ from them (rare).
There are exemptions for certain types of transactions because the law was so harsh.

Question 10

What are the Phases of an Environmental Audit?

Answer 10

When you buy an industrial plant, you get an environmental audit.
Phase I: go to doctor and get tests
Phase II: Follow up on any concerns that arise out of Phase I
Phase III: Remediate any problems. Most expensive phase, not always Superfund site (could be gas station site)

Question 11

What are Brownsfields Redevelopments?

Answer 11

Site developments on contaminated sites.

• contractual allocation of liability
• state funds
• insurance and third party actions
• flexible cleanup standards

Question 12

What are Greenfield Developments?

Answer 12

Site Development on “Clean Site”

• storm water
• navigable waters impacts
• wetlands
• local zoning and utility issues