ENVIRONMENTAL LAW FUNDAMENTALS CASE

ENVIRONMENTAL LAW FUNDAMENTALS CASE:John Doe supplies oil to several farmers with large combines. He keeps the oil in 55-gallon drums on his property. Unfortunately, John Doe has not properly stored the drums, and they have begun to rust and leak. The oil has seeped into the ground and it has even contaminated a neighbor’s drinking water well and is flowing into the nearby stream. The oil seepage has turned into a big problem for the neighbor and nearby area.1. Could the neighbor bring a public nuisance action? Explain.2. If John Doe’s oil has not yet actually contaminated the neighbor’s drinking water, can the neighbor bring a common law action? If so, what kind?3. If John Doe defends by claiming that his operations satisfy all applicable federal, state and local environmental statutes and regulations, is this a valid defense to the neighbor’s common law action?

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