M could sue under the common law theory of nuisance. A nuisance occurs when an offending party acts in a way that interferes with another party's rights to use or enjoy their property.
Here, F is releasing pollutants that are impinging on M's ability to sell his property. The ability to sell one's property is a fundamental right and M may have a strong case against F.
The court may enjoin F's actions and/or award damages to M.
An environmental impact statement (EIS) is required by the National Environmental Policy of Act of 1969. Whenever there is a major federal action that significantly affects the quality of the environment, an EIS must be prepared. A major federal action is one that requires a big commitment, whether it be monetary. An EIS analyzes the environmental impact of the action, the possible adverse effects and alternative actions, and the possible irreversible effects.
In this case, the boat permits and the land in question are quite significant. An EIS should have been enforced because of the major federal action by the U.S. Army Corps of Engineers.
Under the Safe Drinking Water Act, suppliers of drinking water are required to send the following documents.
(a) Annual statement specifying the source of its water,
(b) The level of contaminants contained in the water, and
(c) The possible health concerns associated with the contaminants.
Thus, the city must send a statement that includes this information every year to every household it provides with water.