Jump to Navigation
Jump to Content

Kennedy Bldg. Assocs. v. CBS Corp.

ELR Citation: 37 ELR 20033
Nos. No. 06-2371, (8th Cir., 02/02/2007)

The court remanded for modification an injunction imposed against a corporation for soil and groundwater contamination in Minneapolis, Minnesota. The injunction required the corporation to prevent the release of further contaminants into soil and groundwater; to test for migration and to remedy any migration revealed by those tests; to remedy any remaining contamination exposed during future excavation on the property; and to post a performance bond to secure performance of these obligations. Contrary to the corporation's arguments, the evidence supported the need for relief under the Minnesota Environmental Rights Act, and the district court had the authority to require the corporation to post a performance bond. However, the injunction did not sufficiently specify which acts were required of the corporation. The court therefore remanded the injunction for modification to make the injunction's commands more specific.