Most public nuisance suits are backed by misdemeanor offenses, and tort is the avenue for citizens to act as prosecutors, strongly implied in the Constitution.
If you park outside my house and shine your spotlight in my window to the extent of making my life miserable, then I can sue you for vandalism, if not misdemeanor assault. And in most cases, illegal dumping is already a crime, subject to private criminal suits.
So, I can claim too many hotter days and sue for co2 pollution? Is co2 pollution a misdemeanor? No, it is taxed, if it is taxed it is not illegal. We have a legal contradiction, unresolved.
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