State v. Howe Cleaners, Inc.
Citation: 40 ELR 20217
No. No. 2009-110, (Vt., 08/06/2010)
The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to demonstrate that the trial court erred in dismissing its common law public nuisance claim. The mere fact of pollution migrating offsite is not, in and of itself, sufficient to show a public nuisance. Rather, a public nuisance must impact a right common to the general public.