Notes on environmental pollution as a tort of public nuisance
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The law of public nuisance as a tort is increasingly being used
in environmental litigation. In this Article the authors review the position of the American Law Institute with respect to the tort of public
nuisance as it is represented in the Tentative Drafts leading to the Restatement (Second) of Torts.
The development of the American Law Institute's position is analyzed by considering the various elements of public nuisance actions.
The case law is evaluated to identify the trends that the Restatement
(Second) emphasizes and to expose some weaknesses in the conclusions reached by the drafters.
Finally, the use of public nuisance theories in various types of environmental litigation such as water, air and noise pollution is scrutinized and those areas identified where public nuisance law may most
appropriately be used.