Celebrity Studios, Inc. v. Civetta Excavating Inc.

As the public consciousness becomes increasingly sensitized to the problems raised by the interaction of humanity and environment, and the terms “ ecology” and “ pollution ” achieve currency, ingenious lawyers always eager to pioneer and push outward the prior limits of the law will inevitably attempt to predicate some form of legal liability upon sins against the environment. This is such a case, apparently a matter of first impression in this State, raising the question of whether the creation of noise in and of itself gives rise to an actionable tort.

What is involved is a claim by…