Car manufacturers must comply with emissions standards to protect air quality. ohio state buckeyes football go bucks full printing ugly sweater State and federal regulations govern the manufacture, storage, transportation, and disposal of the hazardous
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Utility of the activity An environmental injury will not be declared a nuisance unless it outweighs the utility of the activity. Determining the weight of a particular harm is often difficult for courts. ohio state buckeyes football go bucks full printing ugly sweater Judges are human, and humans disagree on just about everything, including nuisance law. The easiest type of case for a judge involves an injury inflicted solely for the purpose of causing harm. A fence constructed with the intent to obstruct a neighbor’s view will always be declared a nuisance. No socially redeemable value is assigned to animus and hostility. Two cases illustrate this trend. In the first, Lunda v. Matthews, 46 Or. App. 701, 613 P.2d 63 , a cement plant was held liable for emitting debris, dust, and fumes that encompassed a landowner’s house and aggravated his bronchitis and emphysema.
The court reached this determination despite arguments that the landowner’s illness made him more vulnerable to debris and dust than would be persons of ordinary health. The court also held that the cement plant could not escape liability merely because it was complying with state pollution standards. In recent years, however, nuisance law has offered greater protection to society’s vulnerable members. People are not necessarily abnormal, courts have held, merely because they enjoy spending time outdoors, sleeping with the windows open, or cultivating crops near smoke-billowing smelters. These activities are increasingly viewed as normal activities deserving protection. Many courts are also becoming more sympathetic to plaintiffs with preexisting health conditions or genetic frailties. Almost every aspect of life in the United States is touched by environmental law. Drinking water must meet state and federal quality standards before it may be consumed by the public.