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North Carolina

Asheville v. State

A North Carolina appellate court upheld the constitutionality of state legislation that withdrew a city's authority to own and operate its public water system and to instead transfer it to a sewer district. The law creates a new type of...

Bryant v. United States

The Eleventh Circuit dismissed military families' claims against the government under the Federal Tort Claims Act for various health problems due to their alleged exposure to toxic substances in the drinking water while living at a...

CTS Corp. v. Waldburger

The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged groundwater contamination stemming from chemicals...

Waldburger v. CTS Corp

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation...

Applewood Properties, LLC v. New South Properties, LLC

The North Carolina Supreme Court held an injured person may not bring a civil action against a defendant under the Sedimentation Pollution Control Act of 1973 (SPCA) when the defendant has received notices of noncompliance but has not...

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct...

Applewood Properties, LLC v. New South Properties, LLC

A North Carolina appellate court held that the state's Sedimentation Pollution Control Act (SPCA) does not apply if there was no deposition of sediment to water. The owner of a golf course claimed that a construction company was...

Jones v. United States

A district court held that North Carolina's general 10-year statute of repose does not bar a woman's lawsuit against the United States for injuries stemming from exposure to contaminated drinking water at a military base in North...

Alabama v. North Carolina

The U.S. Supreme Court holds that North Carolina should not be held liable or subject to monetary sanctions for failing to fulfill its obligations to an interstate radioactive waste compact. Under the agreement, North Carolina was to...

Hensley v. North Carolina Dep't of Env't & Natural Resources

A North Carolina appellate court held that the North Carolina Sedimentation Control Commission erred in issuing a country club a variance from state buffer requirements allowing it to build a nine-hole golf course along and over Banks...