Nuisance is interference with the use and enjoyment of the land belonging to another. There must be interference with land and therefore the nuisance action is only available to owners and occupiers of land. Private nuisance is a nuisance that affects an individual citizen only. It is actionable by that individual. Spills, however, are rarely so focused that they affect only one individual.
Most spills affect a large number of the population.
It is actionable only by the Attorney General. Individuals generally have no cause of action for a public nuisance. There is an exception, however. A private action for a public nuisance is available if the plaintiff can prove a substantial injury beyond that suffered by the general public. This test is difficult to meet.