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"There are also noise ordinances and common law nuisance issues".
The high court ruled Monday that industrial greenhouse gas emitters cannot be sued in so-called common law "nuisance" suits.
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But the Housing Authority also has excluded people for "nondesirability," which it said included "common-law nuisances" like keeping an excessive number of pets or an extreme amount of trash.
New federal regulation may pre-empt the federal common law of nuisance, but, until then, federal courts are empowered to address the public nuisance caused by major, undisputed and destructive sources of greenhouse gases.
We don't have the common law of nuisance; we have the E.P.A.
The plaintiffs plan to base the suit on federal common law of public nuisance.
The case, brought in 2004 and based on the common law of public nuisance, said the companies threatened health and welfare.
The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.
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If your neighbour has Japanese knotweed on their land: Again, it is not an offence for Japanese knotweed to be present on your neighbour's land but allowing it to encroach onto your property may constitute a private nuisance under common law.
In other pollution cases, the Supreme Court has supported suits claiming that pollution caused harm as a "nuisance" under common law, most often interpreted to prohibit noise and light pollution.
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