In an Action Alleging Environmental Damage, by Use of the Common

question 400

Multiple Choice

In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:

• A) pollution is an unreasonable interference and the defendant is not using the best control technology available
• B) defendant's activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff's health
• C) defendant's pollution significantly affected the public health and welfare in the area
• D) defendant's pollution was dangerous and the direct cause of the plaintiff's health injuries
• E) none of the other choices

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Definitions:

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P&G

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