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Trespass and Negligence Nuisance actions deal primarily with continuing or repetitive injuries. Trespass and negligence actions provide relief even when an injury results from a single event. clemson tigers football go tigers full printing ugly sweater A polluter who spills oil, dumps chemicals, or otherwise contaminates neighboring property on one occasion might avoid liability under nuisance law but not under negligence or trespass law. This attitude was expressed more recently when a federal court denied the U.S. government’s request that the court enjoin the construction of high-rise office buildings on the Virginia side of the Potomac River—even though the buildings would blight the Washington Monument, Lincoln Memorial, and other national landmarks (United States v. County Board, 487 F. Supp.
137 [E.D. Va. 1979]). These cases reflect judges’ reluctance to hold themselves out as standard-bearers for good taste. Gravity of the injury Although courts apply the balancing test for nuisance actions on a case-by-case basis, judges generally follow certain principles. The injury in question must be real and appreciable; the law does not concern itself with trifles. An occasional whiff of smoke, a temporary muddying of a well, a modest intrusion by roots or branches, and intermittent odors of sauces and stews will not rise to the level of a nuisance. Nuisance Modern environmental law traces its roots back to the common-law tort of nuisance. A nuisance is created when an owner or occupier of land unreasonably uses that land in a way that substantially interferes with the rights of others in the area. A nuisance is sometimes referred to as the right thing in the wrong place, like a pig in a parlor instead of the barnyard. A true environmentalist by heart.