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Nuisance

Smith v. ConocoPhilips Pipe Line Co.

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak was discovered under the site in the...

Anderson v. Teck Metals, Ltd.

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases...

Powell v. Tosh

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents had all asserted that the farmer's...

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...

American Electric Power Co. v. Connecticut

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide...

Robarge v. Tecumseh Products Co.

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487...

Eastman v. Coffeyville Resources Refining & Marketing, LLC

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss the landowners' nuisance claim. The landowners...

State v. Howe Cleaners, Inc.

The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to...

North Carolina v. Tennessee Valley Auth.

The Fourth Circuit reversed and remanded a lower court injunction requiring the immediate installation of emissions controls at four TVA generating plants in Alabama and Tennessee. TVA is in compliance with the NAAQS, the corresponding...

Brockman v. Barton Brands, Ltd.

A district court held that residents may go forward with their trespass claims against a liquor distillery that operates a coal-fired production facility near their homes, but dismissed their nuisance and negligence claims. The...