While environmental nuisance actions deal with continuing and recurrent injuries, trespass and negligence proceedings provide remedy even when damage is sustained from a single event.
Though in case of dumping of toxic chemicals, oil spills, contamination of adjoining property etc on one occasion the polluter cannot be tried under the nuisance law, yet he will be liable under the law of trespass or negligence for one such wrongdoing.
While trespass involves a deliberate injury to the property of the victim land owner, negligence occurs when there is an accident due to the failure of the guilty to take reasonable care and caution that a prudent man would have taken in similar situation.
Whereas in trespass the environmental damage is caused by willful misconduct, in negligence the injury results from accidental omission or lapses.
Even in case of slight minimal trespass causing environmental damage the victim would be entitled to claim for damages. Similarly for pollution due to callousness or negligence the guilty would be liable in damages even when the injury is not substantial or material.
However for minor environmental damage from negligence or trespass, the aggrieved party would be entitled only to nominal damages.
