In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:

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The common law of trespass requires that the plaintiff show a physical invasion of their property, which typically applies in cases of environmental damage. The plaintiff does not need to show that the pollution caused significant public health problems or that the defendant breached a duty of care, although these factors may be relevant in other types of environmental lawsuits. The use of best control technology or the direct cause of plaintiff's health injuries may also be considerations in other types of environmental lawsuits, but are not specifically required in cases of trespass.

In an Action Alleging Environmental Damage, by Use of the Common