ELR Citation: ELR 20878
No(s). C83-1449R (W.D. Wash. Apr 29, 1986)

The court holds that the deposit of microscopic airborne particles of arsenic and cadmium from a copper smelter is neither a trespass nor a nuisance. On motion for summary judgment, the court first holds that property owners cannot recover damages for trespass because no actual damages were shown. The cadmium and arsenic deposits were imperceptible to human senses, and even though the amount deposited exceeded normal soil concentrations, they were not shown to be a health hazard. The court then holds that the deposits were not a nuisance under Washington law since the imperceptible amounts of cadmium and arsenic deposited did not substantially interfere with the property owners' use and enjoyment of their land.

[A related decision in this case appears at 16 ELR 20346.]

Counsel are listed at 16 ELR 20347.