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Groundwater pollution

Barrous v. BP P.L.C.

A district court held that the owner of a restaurant may seek prospective damages, and possibly punitive damages, against an oil company for damages stemming from a leaking UST at a neighboring gas station. To obtain prospective...

Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc.

The court holds that a gasoline distributor is not liable for groundwater contamination caused by a service station's leaking underground storage tanks (USTs). The owner of property adjacent to the service station filed suit against the...

Cereghino v. Boeing Co.

The court holds that the owner of a manufacturing facility is not liable for negligent trespass or nuisance in connection with contamination of neighboring landowners' groundwater with trichloroethane (TCA). The court dismissed the...

Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry.

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner...

Shockley v. Hoechst Celanese Corp.

The court upholds the jury conviction of a chemical manufacturer and a chemical reclamation operator for common-law violations stemming from damage to groundwater under adjacent landowners' property, and denies the defendants' post-...