You are splitting hairs. If my neighbor kills of my tomatoes when he sprays his corn, then I can likely recover damages. If I have an environmentally rare or protected habitat and you damage it, you bet you're in deep doo doo. I have never sued anyone, nor have I ever sought damages from anyone, but if ever needed, I am glad to have that right. If a confined hog facility moves into my watershed and my pond becomes laden with E. coli, I will protect my right to have clean water.
