Peter has been subjected to an unreasonable amount of noise from ...

[Yi-Chen]

Peter has been subjected to an unreasonable amount of noise from his neighbor, who constantly plays his stereo at full volume. Peter is angry about his neighbor, but he is even angrier about the excessive pollution being emitted by a local factory that burns old tires in direct violation of a state statute prohibiting such conduct. Do the acts of Peter's neighbor and the factory constitute nuisances? If they do, give Peter assistance on any possible courses of action to eliminate the problems.

Question 2

Megan owns a manufacturing business in a nonattainment area under federal air pollution law. She wishes to triple the size of the manufacturing operation using land she just purchased next to her current location. What must Megan demonstrate in order to secure a permit to operate in the nonattainment area?

[qytan]

Answer to Question 1

A nuisance is defined as an unreasonable interference with the enjoyment or use of land. Peter's neighbor is definitely creating a conflict by his excessive stereo volume; however, the harm that Peter sustains would have to be beyond a mere inconvenience or annoyance with his neighbor's actions to be classified as a nuisance. If Peter's neighbor's actions constitute a nuisance, they would be classified as a private nuisance, since only Peter is affected. Peter would be entitled to monetary damages and possibly an injunction or court order.
The actions of the factory create a nuisance. More particularly, the actions of the factory would constitute a public nuisance, since they affect not just Peter, but the community or public at large. Once again, monetary damages could be sought. In addition, a court injunction would serve to eliminate the problem.

Answer to Question 2

Under the Emissions Offset Policy, Megan must show: (1 ) the new plant will have the greatest possible emissions controls; (2 ) all other operations are in compliance with federal emission standards; and (3 ) the new plant's emissions will be offset by reductions in emissions in other facilities.
COMMENTS:

Note that the effect of this view is to change the prior pattern of issuing building permits, when they were issued as a routine matter so long as the zoning laws were satisfied and a fee was paid. Under this new view, the permit-issuing body must give consideration to the environmental impact statement and exercise discretion in determining whether to issue a building permit.

[Yi-Chen]

Thank you

[qytan]

No problemo