Black, a real estate agent, owned adjacent rental properties in a New York neighborhood. On the same block, Stroehmann Bakeries owned and operated a bakery. Black alleged that the bakery had emitted “noxious discharges” that had coated his properties with mold and mold residue. As a result, Black’s properties were discolored, causing a loss of rental income and resale value. An investigation was conducted, and the agency concluded that the bakery was the source of the mold growth found on Black’s properties.

CASE QUESTIONS

1. What standard was used to determine whether or not the discharges constituted a violation of the Clean Air Act?

2. What common law doctrine could Black possibly have pursued in an attempt to compel Stroehmann to cease polluting?