Jump to Navigation
Jump to Content

Weekly Cases Update Volume 46, Issue 5

Adams v. Grefer

ELR 20033
15-31091 (5th Cir., February 2016)

The Fifth Circuit held that a mass action lawsuit in Louisiana concerning personal injury and property damages due to alleged contamination exposure may not be removed to federal court under the Class Action Fairness Act (CAFA). The plaintiffs filed an amended petition that substituted deceased...

Class Action Fairness Act

Garrett Day, LLC v. International Paper Co.

ELR 20034
3:15-cv-36 (S.D. Ohio, February 2016)

A district court held that the owner of a contaminated property that was once the site of a paper mill may not seek response costs from a company that had purchased the assets of the prior owner of the mill. The owner argued that the company was liable under CERCLA under a de facto merger theory...

Successor corporations

State ex rel. American Electric Power Co. v. Nibert

ELR 20037
15-0819 (W. Va., February 2016)

West Virginia's highest court held that individuals' lawsuit against a power company for injuries they allegedly incurred due to their exposure to coal combustion waste may go forward in the West Virginia courts even though the vast majority of plaintiffs live outside the state. Of the 77 named...

Forum non conveniens, Mining

Land O'Lakes, Inc. v. United States

ELR 20035
15-683 (W.D. Okla., February 2016)

A district court dismissed a company's declaratory judgment action concerning its liability for cleanup costs that EPA incurred at the Hudson Oil Refinery Superfund site in Cushing, Oklahoma. The company owned and operated the site from 1943 to 1977, when it sold the refinery to the current...

Held to preclude, Owners and operators

Northern Illinois Gas Co. v. City of Evanston

ELR 20036
14-cv-9227 (N.D. Ill. Feb., February 2016)

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city...

District court jurisdiction, Held not included, Notice requirements

New York v. Next Millennium Realty, LLC

ELR 20032
06-CV-1133 (E.D.N.Y., February 2016)

A district court held that New York may seek response costs and natural resource damages under CERCLA in connection with a contaminated industrial site in Long Island, a portion of which was listed on the NPL in 2011. The state's past response actions at the site were consistent with the...

National Priorities List, Natural resource damages, Owners and operators

Palmer Ranch Holdings Ltd. v. Commissioner of Internal Revenue Service

ELR 20031
14-1416 (11th Cir., February 2016)

The Eleventh Circuit held that a developer is entitled to a charitable deduction on its 2006 tax return for granting a conservation easement on an 82-acre parcel of property that contained a bald eagle nest. The developer valued the parcel at $25.2 million on the assumption that the property's...

Easements, Tax

Spokane Entrepreneurial Center v. Spokane Moves to Amend the Constitution

ELR 20030
91551-2 (Wash., February 2016)

The Washington Supreme Court held that a local initiative to create a "Community Bill of Rights" which, among other things, would give the Spokane River its own water rights, including the rights to sustainable recharge, sufficient flows to support native fish, and clean water, may not be placed...

Washington, Property rights/entitlements