81-1501. Department; declaration of legislative purpose.

362 words·~2 min read·/ne/chapter-81/81-1501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Whereas the water, land, and air of this state are among its most precious resources and the pollution thereof becomes a menace to the health and welfare of each person, and the public in general, in this state and whereas pollution of these resources in this state is likewise a concern in adjoining states, the public policy of this state is hereby declared to be:

(1)To conserve the water in this state and to protect and improve the quality of water for human consumption, wildlife, fish and other aquatic life, industry, recreation, and other productive, beneficial uses;

(2)To achieve and maintain such a reasonable degree of purity of the natural atmosphere of this state that human beings and all other animals and plants which are indigenous to this state will flourish in approximately the same balance as they have in recent history and to adopt and promulgate laws, rules, and regulations and enforce uniformly the same in such a manner as to give meaningful recognition to the protection of each element of the environment, air, water, and land;

(3)To cooperate with other states and the federal government to accomplish the objectives set forth in the Environmental Protection Act, the Integrated Solid Waste Management Act, and the Livestock Waste Management Act; and

(4)To protect human health through environmental enforcement.

The Environmental Protection Act does not preempt the field of pollution control such that municipalities cannot enact ordinances on the subject of pollution control. State ex rel. Alma v. Furnas Cty. Farms, 266 Neb. 558, 667 N.W.2d 512 (2003).

Environmental Protection Act does not divest district courts of subject matter jurisdiction to enjoin proposed solid waste disposal operations alleged to be in violation of county ordinances. Omaha Fish and Wildlife Club, Inc. v. Community Refuse, Inc., 208 Neb. 110, 302 N.W.2d 379 (1981).

Even in an industrial or rural area, one cannot conduct a business in such a manner as to materially prejudice a neighbor, but before enjoining it perpetually, a court of equity will usually allow the owner to correct or eliminate the cause of the grievance. Botsch v. Leigh Land Co., 195 Neb. 509, 239 N.W.2d 481 (1976).