Common Law Remedies for Environmental Wrongs: The Role of Private Nuisance

Mississippi Law Journal, Vol. 59, No. 3, Winter 1989

43 Pages Posted: 5 Jun 2013

See all articles by Ronald J. Rychlak

Ronald J. Rychlak

University of Mississippi, School of Law

Date Written: Winter 1989

Abstract

Today’s environmental plaintiff has a myriad of federal statutes upon which to base a claim against a polluter. In many cases, however, common-law actions such as nuisance, negligence, trespass, and strict liability for abnormally dangerous activities still provide attractive features. This paper attempts to illustrate those features by focusing on the common-law doctrine of private nuisance. What is its place in today’s environmental litigation? To what extent, if any, has it been preempted by federal legislation? What are its potential pitfalls and problems? This paper attempts to answer these questions and provide guidance to the environmental litigator interested in attaining favorable results without extensive reliance upon federal legislation.

Keywords: nuisance, trespass, negligence, strict liability, preemption, Clean Water Act

JEL Classification: K1, K32

Suggested Citation

Rychlak, Ronald J., Common Law Remedies for Environmental Wrongs: The Role of Private Nuisance (Winter 1989). Mississippi Law Journal, Vol. 59, No. 3, Winter 1989. Available at SSRN: https://ssrn.com/abstract=2274154

Ronald J. Rychlak (Contact Author)

University of Mississippi, School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States
662 915 6841 (Phone)
662 915 6842 (Fax)

HOME PAGE: http://law.olemiss.edu/faculty_profiles/faculty_rychlak.html

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