Environmental Law Handbook, by Christopher L. Bell and et al

By Christopher L. Bell and et al

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M. were unreasonable and that every property owner must make reasonable use of his land so as not to cause unnecessary annoyance to his neighbors. The case of Rose v. Chaikin21 presents another interesting situation in which noise constituted a nuisance. On the New Jersey Shore just north of Atlantic City, the energy conservation–minded and environmentally conscious Joseph Chaikin erected a windmill on his residence. However, when it began to produce offensive noise exceeding levels permissible under the controlling city ordinance, Joel Rose and other neighbors initiated a suit to enjoin the operation of the windmill.

The president may also empower an executive agency to promulgate regulations through an executive order. Rulemaking is a process of adopting regulations in accordance with the federal Administrative Procedure Act (APA). This process involves publishing proposed regulations in the Federal Register; subsequently providing opportunity for the public to comment either through submission of written comments or through public hearings that concern the regulations; and publishing the final regulations in the Federal Register, which have the full force and effect of law when they become effective.

The elements are myriad. . The utility of the defendant’s conduct must be weighed against the quantum of harm to the plaintiff. The question is not simply whether a person is annoyed or disturbed, but whether the annoyance or disturbance arises from an unreasonable use of the neighbor’s land. . ’’22 There is no fixed standard as to what degree or kind of noise constitutes a nuisance; in essence, the circumstances of each case must be considered independently. Generally, the key determination is whether the noise is unreasonable and causes some physical or psychological harm.

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