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Nuisance

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...

North Carolina v. Tennessee Valley Auth.

A district court ordered the Tennessee Valley Authority (TVA) to install and continuously operate scrubbers at four power plants in Tennessee and Alabama. North Carolina filed a public nuisance claim against TVA, citing urgent...

North Carolina v. Tennessee Valley Auth.

The Fourth Circuit denied motions to dismiss North Carolina's common-law nuisance action against the Tennessee Valley Authority (TVA) alleging that its coal plants emit various pollutants that travel through the atmosphere into the...

Carroll v. Fort James Corp.

The court affirmed in part and reversed in part a lower court decision dismissing homeowners' suit against a former landowner for allegedly dumping hazardous waste on the property before selling it to a developer. The homeowners failed...

Moore v. Texaco, Inc.

The court affirms a district court grant of summary judgment to an oil company that a property owner had sued for damage caused to his land by oil spills that the company allegedly caused. The company owned the land at issue, which it...

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...

Petrovic v. Amoco Oil Co.

The court upholds a district court approval of a class action settlement between an oil company and landowners whose properties were contaminated as a result of underground oil seepage originating from the company's petroleum refinery....

Johansen v. Combustion Eng'g, Inc.

The court holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring property owners' streams. The court first...