Local Regulations: Difference between revisions
added intro paragraph |
No edit summary |
||
| Line 1: | Line 1: | ||
While there are currently no regulations in Virginia that specifically address coal dust | While there are currently no [[State Regulations|regulations in Virginia]] that specifically address fugitive coal dust , some localities rely on nuisance ordinances to mitigate its impact. These ordinances offer limited but crucial tools for residents and officials trying to hold polluters accountable. However, enforcement is often inconsistent, and the burden of proof typically falls on affected communities. | ||
== Public and Private Nuisances == | == Public and Private Nuisances == | ||
In exploring potential legal avenues for addressing the coal dust | In exploring potential legal avenues for addressing the coal dust in Hampton Roads, nuisance law is a promising avenue because other approaches to addressing the coal dust issue are preempted by federal or state law. | ||
=== Authority === | === Authority === | ||
Authority granted by Title 15.2, Subtitle II, Chapter 9, Article 1 (§ 15.2-900) and by Title 15.2, Subtitle II, Chapter 11, Article 1 (§ 15.2-1115) of the Code of Virginia, the City is authorized to act to regulate nuisances and to compel a responsible party to abate, raze, or remove a public nuisance | Authority granted by Title 15.2, Subtitle II, Chapter 9, Article 1 (§ 15.2-900) and by Title 15.2, Subtitle II, Chapter 11, Article 1 (§ 15.2-1115) of the Code of Virginia, the City is authorized to act to regulate nuisances and to compel a responsible party to abate, raze, or remove a public nuisance. | ||
=== Nuisances and Coal Dust === | === Nuisances and Coal Dust === | ||
Revision as of 08:01, 13 June 2025
While there are currently no regulations in Virginia that specifically address fugitive coal dust , some localities rely on nuisance ordinances to mitigate its impact. These ordinances offer limited but crucial tools for residents and officials trying to hold polluters accountable. However, enforcement is often inconsistent, and the burden of proof typically falls on affected communities.
Public and Private Nuisances
In exploring potential legal avenues for addressing the coal dust in Hampton Roads, nuisance law is a promising avenue because other approaches to addressing the coal dust issue are preempted by federal or state law.
Authority
Authority granted by Title 15.2, Subtitle II, Chapter 9, Article 1 (§ 15.2-900) and by Title 15.2, Subtitle II, Chapter 11, Article 1 (§ 15.2-1115) of the Code of Virginia, the City is authorized to act to regulate nuisances and to compel a responsible party to abate, raze, or remove a public nuisance.
Nuisances and Coal Dust
The Newport News coal dust situation could be characterized as both a private nuisance and a public nuisance, because the presence of coal dust on private property unreasonably interferes with residents’ use and enjoyment of their property (private nuisance), and the general public reasonably has a common right to not be constantly subjected to coal dust throughout one’s daily life (public nuisance).
Newport News could deem the coal dust a public nuisance via powers expressly granted by the Code of Virginia § 15.2-1115, or for residents to establish a public nuisance through the procedure outlined in Code of Virginia § 48.