Public Nuisance and Public Plaintiffs: Ownership, Use, and Causation (Part II)

February 1987
Citation:
17
ELR 10044
Issue
2
Author
Louise A. Halper

Editors' Summary: In the second of a three-part series, Ms. Halper, an assisant attorney general for the state of New York, analyzes the question of land ownership, land use, and causation in the context of the state public nuisance action to remedy environmental damage. The article argues that the use of land, rather than ownership, is the key to liability in the public nuisance context, and compares this to the traditional private nuisance action. The final article in this series will discuss defenses that may be raised.

Louise A. Halper is an Assistant Attorney General in the Environmental Protection Bureau, New York State Department of Law. The views expressed in this article are the author's and not necessarily those of the Department of Law or Attorney General Robert Abrams.

Article File