correct already passed
1. Potential
Increased coastal losses and flooding due to higher sea levels; Property
Effects on
damaging wildfires due to increased droughts, lightning strike increases,
Property and
and changes in wind and vegetation patterns.
Casualty
Insur- ance
2. Potential Increased pests, droughts and floods; More prevalent diseases such as
Effects in soybean rot.
Agriculture
Increased risk for heat pollution and related ailments, infectious and
3. Health and respiratory diseases (such as malaria, West Nile, Zika, Lyme disease)
Life
Insurance Increased number of environmental lawsuits against companies and
entities that emit greenhouse gases.
4. Liability
Insur- ance
5. Nuisance Persons may be held liable if they use their property in a manner that
unreason- ably interferes with others' rights to use or enjoy their own
property
6. Freeman v.
Grain
Processing
Cor- poration, 7. Cannon v. Dunn, 700 P.2d 502 (Ari-
848
N.W.2d 58
(Iowa
2014)
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In this case, the defendant neighboring landowner whose eucalyptus tree grew roots which invaded
operated a corn wet milling into the subsurface of the neighbor's land. The trial court found no actua
operation. A wet milling is a damage occurred. Liability?
production method and
process that transforms corn
kernels into products for
commercial and industrial
use.
The plaintitts in the case,
residents within 1.5 miles of
the facility, alleged that the
facility created hazardous
by-products and harmful
chemicals, many of which
are released directly into
the atmosphere. The by-
products include particulate
matter, volatile organic
compounds including
acetaldehyde and other
aldehydes, sulfur dioxide,
starch, and hydrochloric
acid.
The Iowa Supreme Court
held that common law
nuisance claims were not
pre- empted by the Clean
Air Act.
Neighbor filed claim against
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zona Ct. Arizona Court of Appeals: "A landowner who sustains injury by the
App. 1985) roots of a tree or plant on adjoining land intruding into his domain,
regardless of their non-poisonous character may, without notice, cut
ott the ottending branches or roots at his property line When
some actual and sensible or substantial
damage has been sustained, the injured landowner may maintain an
action for the abatement of the nuisance However, where no injury has
been sustained,
8. Environment no action may be had for abatement of the nuisance Nor may an action
al Protection be
Agency had for damages in the absence of any injury."
(EPA)
Created in 1970 to coordinate federal environmental responsibilities.
9. Environment
al Impact
Statement
(EIS) The National Environmental Policy Act of 1969 requires an EIS be
prepared for every major federal action that significantly attects the
quality of the environment. An EIS must analyze the following three
things:
1) The impact on the environment that the action will have.
2) Any adverse ettects on the environment and alternative actions that
might be taken.
3) Any irreversible ettects the action may generate.
An action is "major" if it involves a substantial commitment of resources
10. Importance (monetary or otherwise). An action is "federal" if a federal agency has
of EIS the power to control it.
Private individuals, consumer interest groups, businesses, and others
who believe that a federal agency's activities threaten the
environment often use EISs as a means to challenge those activities.
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11. Clean Air Act Provides the basis for issuing regulations to control multistate air
pollution. It cov- ers both mobile sources (such as automobiles and
other vehicles) and stationary sources (such as electric utilities and
industrial plants) of pollutio
12.