ARE 309Ted Feitshans05-1 Unit 5 Common Law Solutions to Environmental Problems Lateral & subjacent support –Strict liability - unimproved –Negligence - improved

ARE 309Ted Feitshans05-2 Water Rights Surface waters –Doctrine of riparian rights Reasonable use - NC rule English rule –No diminution in flow or quality –Except unlimited use for domestic purposes Navigable waters –May not obstruct navigation

ARE 309Ted Feitshans05-3 Water Rights Runoff (surface water not in defined channels) –Reasonable use - NC –Common enemy rule (English) Subterranean waters in defined channels

ARE 309Ted Feitshans05-4 Water Rights Percolating groundwater –Absolute ownership –Reasonable use - NC

ARE 309Ted Feitshans05-5 Air and Light

ARE 309Ted Feitshans05-6 Remedies in Tort Trespass –Intentional physical invasion of land of another –Protects right of possession –Exemplary (punitive) damages –Distinguish from crime of trespass

ARE 309Ted Feitshans05-7 Remedies in Tort Nuisance –Protects right to use and quiet enjoyment –Public vs. private –Class Intentional (theory of most actions) Strict liability Negligence

ARE 309Ted Feitshans05-8 Elements of negligence Existence of a duty Breach of duty Proximate (legal) causation Actual damages

ARE 309Ted Feitshans05-9 Relief in a nuisance action Abatement (injunctive relief) Damages (money) Both Balancing of hardships & benefits

ARE 309Ted Feitshans05-10 Comments Economic impact of common law approach/externalities Problems of proving causation Lack of guidelines –Uncertainty