Sentences with phrase «public nuisance laws»

But therein lies the problem — it's the neighbor dumping that trash that is targeted by public nuisance laws, not the companies (i.e. Amazon, IKEA, etc.) that created and sold the discarded product.

Huntington Town last year altered its public nuisance law to include violations for public defecation and urination.

The lawsuit, brought under public nuisance law, seeks monetary damages from the energy industry for the destruction of the native village of Kivalina, AK, by coastal flooding due to anthropogenic climate change....

The lead paint industry defeated those cases in seven states, but in 2013 Judge James Kleinberg of Santa Clara County, California, ruled that Sherwin - Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. violated California's public nuisance law by promoting lead paint even though they should have known of its dangers.

But because this report's constructive criticisms seem to fall largely on deaf ears in Sacramento and in many courthouses around the state, this year's look at the West Coast's perennial Judicial Hellhole will pragmatically limit its focus to an armful of the state's civil injustices, including precedent - defying state supreme court decisions, the Private Attorneys General Act, Prop 65, food and beverage litigation, innovator liability, the California Environmental Quality Act's impact on affordable housing, courts» expansions of public nuisance law and natural disaster - chasing personal injury lawyers, among others.

Not exact matches

«These laws criminalise the law - abiding majority and are sterilising public spaces, while doing little or nothing to tackle criminal or genuinely nuisance behaviour,» she added.

The suit charges that Battaglia's dust, noise, odors, vermin, truck traffic and other harmful impacts have created a public nuisance under state law and that the facility is illegally operating without required state environmental permits.

Such laws are often called things like «public nuisance».

By declaring that the health and safety problems in public housing constitute a public nuisance, the executive order, pursuant to state public health law, obligates the city to cover those costs.

In 2003, a study conducted by the county on the ban's effectiveness noted that «public safety is not improved as a result of [the ban],» and that «there is no transgression committed by owner or animal that is not covered by another, non-breed specific portion of the Animal Control Code (i.e., vicious animal, nuisance animal, leash laws).»

For example, the city of New York has an existing Pooper Scooper Law that requires pet owners to prevent their pets from committing any nuisance on any public area.

The Animal Control Division provides animal control services to all residents of El Segundo by handling and investigating all animal complaints, public nuisances and enforcing animal related laws including licensing requirements, animal abandonment and prosecutions for animal cruelty.

Although primarily aimed at preventing public nuisances, such laws may also give local authorities a tool to prevent hoarding and puppy mill situations.

All of that is covered by other laws... disturbing the peace, various public nuisance ordinances, leash laws and the like.

There are typically already other laws on the books which cover matters that may be of concern to officials, such as public health, trespass and nuisance laws.

They all argue, under state law, that the companies created a «public nuisance» with their actions and should compensate the local governments for the consequences.

The cities had hoped their lawsuit would be heard in state court, since California has an established «public nuisance» law that hasn't been developed in the federal court system.

Two dissenting Justices would have held that the law's harmful effects on sex workers are grossly disproportionate to its intended purpose of reducing public nuisance.

In this context the Court of Appeal gave some detailed consideration to injunctions in aid of the criminal law, to issues of public nuisance, and to the ASBO legislation.

The main question is whether the court, in applying the common law of nuisance, should require a balancing of social utility and reasonableness of the project against the property owner's right to be compensated for interference from a public project.

Chapter 2 of the Report contains a succinct and potentially useful summary of the common law of both public and private nuisance and points to the ongoing role of this «ancient tort» in both environmental protection and expropriation claims.

He qualified to practice English law in 2008 and has since advised both public and private sector clients on a variety of property disputes including debt - related claims, unauthorised traveler encampments and statutory nuisance claims.

There have been recent situations where the public records law has been abused by lawyers seeking to win legal fees in essentially nuisance lawsuits.

His particular expertise covers health, safety and environmental (including nuisance, noise abatement, pollution, permit appeals and environmental warranty and civil claims), judicial review, corporate defence (including bribery and corruption, investigations and corporate manslaughter), inquest law, food hygiene and safety, transport law, including public inquiries in front of traffic commissioners, product safety, liability and recall, and he is a solicitor - advocate.

The difference would be that in theory the proprietary native title rights to the fishery would take precedence over the common law public right to fish open up the possibility of legal remedies for trespass and nuisance.

The Native Title Report 2008 explores some of the legal avenues that are potentially open to the people of the Torres Strait, including the Native Title Act, the Queensland Environmental Protection Act, the tort of negligence, the tort of public nuisance and international human rights law.