Contaminated land raises complex, highly technical legal issues in the event that emissions occur beyond the site. Possible causes of action include private nuisance and negligence, as well as public nuisance and breach of statutory duty. Determining nuisance requires demonstration of a substantial and unreasonable interference with the private right to use and enjoyment of land. It can be a most effective legal remedy.
READ MORE – In-House Briefing Memorandum ~ Private Nuisance