¶ … constitute a public nuisance a landowner must engage in an activity that significantly interferes with the use or enjoyment of the property by others or the activity must affect the health, safety, welfare, or comfort of the public at large (Schwartz, 2006). In the instant case, the judge must examine the facts in the case and perform a balancing test between the interests of the dairy farm owner and the adjacent property owners and then weigh the extent and severity of the harm caused by the operation of the defendant's dairy farm in proportion to the social value provided by the activity. If the harm resulting from limiting the activity is greater than the harm caused by allowing it to continue a court will ordinarily deny a nuisance action. In the instant case, this is precisely what the court determined. The defendant dairy farm owner in the instant case was operating a very large commercial enterprise that was using non-conventional means for milking and housing his cows. The plaintiff's argument was that the methods being used by the defendant were causing a level of aroma in the area that was unacceptable and unreasonable. The plaintiff argued that if the defendant were...
Additionally, the plaintiff argued that during certain periods of intense rain the area waterways were being contaminated by the conditions present on the defendant's property. The defendant, needless to say, takes a position contrary to the one espoused by the plaintiff. The defendant argues that his dairy operation is state of the art and that every reasonable attempt is made to minimize the aroma and to dispose of the waste products appropriately (Miner, 1997). The defendant did admit that there are periods when there has been excessive rain that runoff into adjacent properties and waterways has been a problem but that this is the price must be paid in ordinary farming procedures.
The Leblanc alkali production processes were especially pernicious, but they followed along the lines of previous industrial processes. In other words, the first British environmental legislation was a response not so much to a qualitative change in industrial processes and their environmental impact but more to a quantitative increase in sources of pollution that had up to that point been (if only barely) tolerable. Legislation Arising From Public Anger At the
Those that do not understand why Bush would relax these rules and harm the environment cite once again the tremendous amount of money that the utility industry has given to the Bush campaign as a potential reason for the rule changes. This does not mean that the writer is anti-Bush, however, as there is no guarantee that a different President in office would not have done exactly the same
Risk analysis is a process by which the different risks that an organization faces are identified and evaluated. There are many different types of risk, and they can be systematic or unsystematic in nature. There is credit risk, foreign currency exchange risk, interest rate risk, economic risk, country risk, political risk, technological risk, market risk and legal risk (Investopedia, 2016). Within each of these categories, there are specific itemized risks
Only in conditions where ship owners fired up cold boilers, using Bunker C. fuel, when winds were blowing from the north, under not too dry or not too wet conditions, would possible damage occur. Under such conditions, the smoke particles could have turned to sulpheric acid, and had a corrosive effect on the vehicle paint (Nissan Motor Corp. v. Maryland Shipbuilding, 1982). The Court found that the defendants did not
Endangered Species Act Most people are familiar with the Endangered Species List which is a document that shows various fish, birds, mammals, and other creatures that are in danger of extermination from the face of the Earth. The lists served the purpose of ensuring that the government would do whatever was necessary to stop this from happening. When the Endangered Species Act was first envisioned, the idea was that creating a
Legal Ethics Surrounding the Love Canal Tragedy Love Canal Law/Ethics In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the Resource Conservation and Recovery Act, Clean Water Act, Safe Drinking
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