Environmental Protection and the Changed Law of Nuisance

Abstract

Our environment is constantly faced with different form of abuses, such as air, water, land and noise pollution and accumulation of waste. In some cases the environmental protection agents are not able to take formal action, thus the need for private individuals to take action against the person that is causing the environmental problems. The common law actions which are of most importance to the regulation of environmental protection are the torts of nuisance, trespass, negligence, and the rule in Rylands v. Fletcher, of all the four torts it is agreeably, that nuisance appears to be the most popular ground of action in Environmental protection. In principle anything which stops anyone from exercising and enjoying their right can be considered to be a common law nuisance. If the nuisance affects the whole neighbourhood, it can be considered to be a public nuisance. This paper attempts to examine the problem created by the dual nature of this tort, how it has affected the victims of environmental degradation and the new position of the law.