Boomer Take-Away

1. 2. 3. 4. Remember the FACTS:

Large cement factory in Albany. Dirt, smoke & vibrations affecting neighboring private properties. Private Nuisance = Unreasonable interference with ones use or enjoyment of land Nuisance was found in the lower trial court. Injunction (court order to STOP) denied. Court of appeals awarded an injunction until the damages were paid. Why not award a straight-out injunction?
Even though neighbors sustained injury, investment in plant was large (45 million large) and over 300 people were employed in the plant. Injunction could be postponed to give time for technical innovation, but court says its unlikely that any techniques or new research to reduce vibrations and dust would be found.

Remember the CLAIM: Remember the PROCEDURAL HISTORY: Remember the COURTS HOLDING and REASONING:

Ned Comer (plaintiff) v. Murphy Oil USA (defendant)

Operation of energy, fossil fuels, and chemical industries caused emissions of greenhouse gases.

Emissions increased global surface air and water temperatures, which caused a rise in sea levels, which added to the ferocity of Hurricane Katrina.

Landowners (both public & private) property destroyed from Hurricane Katrina.

Second

Third

First

Public Nuisance = unreasonable interference with a common right of the general public

Private Nuisance = intentional and unreasonable invasion of anothers interest in the private use and enjoyment of land

Article III: Standing

(1)Injury in fact (2)Injury is fairly traceable to the defendants actions (1)Injury will likely be redressed by a favorable decision