Document Type

Article

Abstract

This Article looks to nuisance doctrine, surveillance under environmental statutes, and Fourth Amendment cases arising in implementation of fish and game laws (the hunter enforcement cases) to better understand our experience, to date, balancing the need for environmental information with privacy. Section A analyzes common law nuisance and its relationship to individual privacy concerns and concludes that the law affords little *7 value to or protection of privacy in the context of at least one type of environmental externality -- conduct that gives rise to a common law nuisance. Recognizing that most environmentally significant individual behaviors do not constitute a common law nuisance, Section B then considers how privacy values are balanced with the need for information to support the development and enforcement of environmental statutes designed to regulate (primarily industrial) conduct that often imposes harm only in the aggregate. Section C focuses on how the Fourth Amendment has been applied with respect to enforcement of a subset of environmental statutes -- fish and game laws.