The origin of contemporary environmental law can be traced back to the common law tort of nuisance.
A particular activity is a nuisance when the harm it causes exceeds the social utility or benefit generated. For example a factory emitting smoke into the air might be tolerated for a greater social cause as long as it creates employment opportunities, generates income stream for the community and produces goods in demand satisfying human want. Otherwise it is liable to be closed down for being an environmental nuisance.
Environmental nuisances can be either public or private. Such public nuisance invades the right of the general public to healthy environmental elements, as for example the right to breathe in fresh air or the claim to healthy drinking water. Government environmental agencies at the federal or state levels can sue for stopping public environmental nuisance.
Such private nuisance interferes with the interest of private persons, as distinguished from the general public, to enjoyment of clean environment. Aggrieved private parties can sue for stopping private environmental nuisance.
Moreover, an environmental hazard can also become both private and public nuisance. For instance a factory smoke, which pollutes the air of the neighborhood, is a public nuisance. At the same time it is a private nuisance since it reduces the value of the adjoining properties of private owners.
