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use of one's property causing annoyance, inconvenience or discomfort to another public Nuisance- affects the community at large private Nuisance- disturbs one;s neighbors only The legal status to file a lawsuit depends one what kind of Nuisance public Nuisance-Government can sue only private Nuisance- individuals the government pays pollutants to reduce their emissions
- use of one's property causing annoyance, inconvenience or discomfort to another
public Nuisance- affects the community at large
private Nuisance- disturbs one;s neighbors only - The legal status to file a lawsuit depends one what kind of Nuisance
public Nuisance-Government can sue only
private Nuisance- individuals - the government pays pollutants to reduce their emissions. etc tax breaks, low-interest loans.
- government charges a flat fee for every unit of pollutant each polluter discharges
- government issues permits(license) to polluters authorizing the discharge of pollutants.
- gov. design set of regulations to protect environment by improving the air and water quality
- attack all forms of pollution and coordinate the implementation and enforcement of the federal environmental protection law.
Broad rule-making power
adjudicative powers( acting like a court system) - federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented.
- an environmental impact statement (EIS) msut be prepared for all federal actions that significantly affect the quality of the human environment
- The action is federal- grand of a license, inssurance, lease of property by federal agency
Major activity.- i.e cutting all trees in the 20acre land is considered substantial
activity must has substantial impact on the human environment
Expert Solution
- Tort law- Nuisance
use of one's property causing annoyance, inconvenience or discomfort to another
public Nuisance- affects the community at large
private Nuisance- disturbs one;s neighbors only
- Tort Law- Standing
The legal status to file a lawsuit depends one what kind of Nuisance
public Nuisance-Government can sue only
private Nuisance- individuals
- government subsidies approach
the government pays pollutants to reduce their emissions. etc tax breaks, low-interest loans.
- Emission Charges approach
government charges a flat fee for every unit of pollutant each polluter discharges
- Marketable discharge permits
government issues permits(license) to polluters authorizing the discharge of pollutants.
- Direct Regulation Approach
gov. design set of regulations to protect environment by improving the air and water quality
- Environmental protection Agency
attack all forms of pollution and coordinate the implementation and enforcement of the federal environmental protection law.
Broad rule-making power
adjudicative powers( acting like a court system)
- National Environmental Policy act of 1970
federal statute that mandates that the federal government consider the adverse impact a federal government action would have on the environment before the action is implemented.
- Environmental impact statement(EIS)
an environmental impact statement (EIS) msut be prepared for all federal actions that significantly affect the quality of the human environment
- EIS required when 3 elements are present- the action is federal
The action is federal- grand of a license, inssurance, lease of property by federal agency
Major activity.- i.e cutting all trees in the 20acre land is considered substantial
activity must has substantial impact on the human environment
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