Re-Validating the Doctrine of Anticipatory Nuisance

Legal Frameworks for Integrated Coastal and Ocean Management in Canada and the European Union: Some Insights from Comparative Analysis

“…It provides a framework for balancing human uses of the marine area and managing their impact. 137 In a sense, it takes ICZM principles, articulates them at a high level of generality, and pushes them further out to sea. ICZM and MSP are by no means incompatible, but the relationship between the two is not clearly set out-although opportunities for coordination and cooperation exist and are encouraged.…”

“…136 Furthermore, while courts' application of the reasonable certainty standard has been inconsistent, it generally requires a high probability of injury. 137 The high burden of proof a plaintiff must show to prove injury and the inconsistency in the application of this doctrine have discouraged plaintiffs from utilizing this cause of action. 138 A reasonable analysis must include a focus on the probability of future injury.…”