Hazardous Substances Solid Wastes and Toxic Pollutants - Common Law

In addition to the remedies provided under federal and state legislation for injuries caused by solid waste, hazardous substances, and toxic pollutants, common-law principles of nuisance, TRESPASS, and NEGLIGENCE provide alternative avenues of recourse against landfill owners. The common-law doctrine of nuisance gives injured landowners a CAUSE OF ACTION when "substantial" injuries result from an "unreasonable" use of a particular landfill. The gravity of the injury and the reasonableness of the use are measured by a cost-benefit analysis in which the utility and appropriateness of the landfill's activities are balanced against the value of the landowner's interests.

Under the COMMON LAW of trespass, landowners can recover for any unlawful interference with their rights or interests. Trespass requires proof that the landfill owner intentionally or knowingly interfered with the land-owner's rights or interests. Mere accidental or inadvertent interferences will not suffice.

Landowners suffering injuries from accidents and inadvertence can turn to the common law of negligence, which allows recovery for injuries caused by a landfill owner's failure to act with reasonable care.