Jean LeFleur, owner of Happy Feet, a company that makes environmentally-sensitive foot wear, decided to move operations from Los Angeles to Bozeman, Montana. LeFleur wanted to be in an area noted for environmental quality. He built a new plant that produced oil-based sludge from its production process. The sludge could have been treated at the plant. But LeFleur decided that treatment was too costly, so the company dumped sludge into the Gallatin River, which runs through Happy Feet property. Other sludge was buried in drums in a field at night.

Janet lives 2 miles down from Happy Feet. She uses the Gallatin to water her llama herd. She noticed that water from the river has a funny odor and the llamas became sick. Under common law, what action may Janet take against Happy Feet?

Select one:

a.

she may sue for conversion

b.

she may sue for nuisance

c.

she may sue for a violation of her riparian rights

d.

b and c

e.

a, b and c