Mildenberger v. United States
The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming from U.S. Army Corps of Engineers activities to control water levels in Lake Okeechobee. The landowners' takin...
MDL-1824 Tri-State Water Rights Litigation
The Eleventh Circuit held that the U.S. Army Corps of Engineers may allocate storage water in Lake Lanier, a reservoir created in 1956 by the completion of Buford Dam on the Chattahoochee River, for water supply. A lower court ruled that the Corps' current operation of the Buford Project—Buford Da...
CRV Enterprises, Inc. v. United States
The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to ...
E-Z Mart Stores, Inc. v. Ronald Holland's A-Plus Transmission & Automotive, Inc.,
A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST. The evidence was legally sufficient to show that the gasoline migrated from the store's property to the plai...
Voices of the Wetlands v. State Water Resources Control Board
California's highest court upheld a regional water board's issuance of a NPDES permit authorizing a power plant to draw cooling water from an adjacent harbor and slough. An environmental group filed suit, claiming that the permit did not satisfy the "best technology available" requirement of CWA...