Term
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Definition
| Snail darter case, Is an agency violating sect 7 of ESA by building a dam in its habitat? The court ruled yes and that as such an injunction must be issued, however the longterm outcome of the case was that the God Committee was created to balance economic and other benefits vs loss of species |
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Term
| Eastern Enterprises v. Apfel |
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Definition
| Exactions case: a Federal law forces P to pay benefits to workers with black lung disease, dissent dis agrees with upholding the law because they do not believe this is a case of private property for public use |
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Term
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Definition
| Exaction case: in order ot obtain a permit to expand parking lot the business is required by law to have a greenway for flood plain and a bike path. Law struck down b/c the relationship is rough and unproven |
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Term
| Nollan v. Cali Coastal Commission |
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Definition
| Exaction case: P required by law to provide public beach walk in exchange for permit, law struck down b/c was not significant relationship btwn exaction and regulation |
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Term
| Stop the Beach Renourishment case |
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Definition
| beach was restored and high water mark was redrawn, as result private property owners lost direct beach access, not a taking |
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Term
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Definition
| State wetland permit denied, anyone can challenge at any time, does not matter if final plan has been submitted yet. |
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Term
| Lake Tahoe Sierra Preservation |
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Definition
| Is prohibition over a set period of time a taking? yes, in this case too temporary of restricted use to be a taking, dissent argues that this was a total wipe out of P ability to use their property for the set time period so it is owed temporary compensation |
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Term
| Lucas v S. C. Coastal Council |
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Definition
| P purchases land and is then told cant build due to caroliina law that prohibits building on barrier sand dunes, Scalia says total wipe out is taking per se unless right to prohibit building is in states common law already |
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Term
Massachusetts v. EPA
2007 |
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Definition
| EPA is required under CAA to make a finding regarding GHG and their relationship to air pollution. If there is a clear relationship then the EPA must act to regulate. The agency may not refuse to act. Results: climate change science relationship to GHG established by EPA following case |
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Term
| Boomer et al v. atlantic cement company case |
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Definition
| Court issues permanent damages rather than permanent injunction because the economic loss outwieghed the plaintiffs nuisance suffering |
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Term
| Borland v. Sanders Lead Company |
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Definition
pollution may constitute a trespass and nuisance simultaneously, Stated that just because a D followed state rules or regulations or permits does not mean that they didn’t cause a trespass or nuisance. Smoke stakes blowing emissions onto neighboring property. Tried using Bag houses
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Term
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Definition
| Protects P interest in exclussive pocess of property, typically 6 yr statute of limitations. even if property value increases, can still be considered a trespass |
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Term
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Definition
| protects P interest in use and enjoyment of property |
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Term
| New York v. Schenectady Chemical co. |
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Definition
| D cannot pass liability onto 3rd party contractor if they are negligent in hiring or educating said contractor. The D remains vicariously liable. Nuisance focuses on the condition created not the conduct used to create the condition. |
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Term
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Definition
| claims that company is operating within regulatory requirements and therefore cannot be liable for any resulting pollution. rejected unless: regulatory statute specifically recognizes the permit defense or interpreted to have repealed common law remedies in the field. |
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Term
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Definition
criminal offenses against public peace or civil action violating public rights. typically injuction is best remedy, defined in Copart Indus v. Cons. Edison Co.
similar to comon law, not static. private plaintiff must show special injury, different in kind not just degree from public as whole in order to bring public nuisance |
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Term
| joint and several liability |
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Definition
| even a non-land owner may be liable for a nuisance if s/he contributes to creating or maintaining it . liability exists as long as the nuisance exists, it does not stop with the original cause. it is D responsibility to claim joint or several responsibility, not the plaintiff |
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Term
| types of defense: Primary Jurisdiction |
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Definition
| argues to suspend common law suit in order to await enforcement by the gov agency with jurisdiction. |
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