Is air pollution a nuisance under the law of torts?
A person causing air pollution can be prosecuted for causing nuisance under the law of torts as it amounts to unreasonable interference with the right of general public. An actionable nuisance can be public nuisance or private nuisance. Specifically, public nuisance means any injury, annoyance or interference with the quality of life of a class of persons who come within its neighborhood. Private nuisance, on the other hand, is a substantial and unreasonable interference with the use and enjoyment of land.
