Horst Koehler Is a German Citizen Who, Like Many Germans

Horst Koehler is a German citizen who, like many Germans recently, has purchased cottage property in the Annapolis Valley of central Nova Scotia. He is keen to enjoy the unspoiled nature of the environment far from noisy, crowded Europe. The property he purchases features some streams which run onto his land from adjacent properties that are farms. Unfortunately, after the purchase Horst finds that the streams are heavily contaminated by pesticide usage at nearby farms and by progressive pollution of the water table by a hog- farming operation. He may

A) sue under federal environmental law.
B) not sue in nuisance because he does not drink the water from the streams.
C) not sue in tort because it is not likely that pesticide or other agricultural usage on the adjacent properties would lower the value of his property.
D) sue in nuisance.
E) not sue in tort because environmental damage may only be pursued under environmental legislation.