Local Regulations

Municipal decisions are important to effective regulation of the coal dust.

Public and Private Nuisances

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. 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). Based on the goals of the UVA Repair Lab, likely the best approach would be either for Newport News to 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.