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Nuisance

Lewis v. General Elec. Co.

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however, dismisses the property owner's remaining claims....

Briggs & Stratton Corp. v. Concrete Sales & Servs.

The court grants summary judgment to a company on the state-law counterclaims brought by the past owners of a contaminated site where the company disposed of hazardous wastes. The contaminated site had been operated as a metal plating...

National Tel. Coop. Ass'n v. Exxon Corp.

The court holds that a commercial property owner may bring a negligent remediation claim against the owner of a gasoline station for damages allegedly caused by gasoline that leaked from the station's underground storage tanks (USTs)....

Bormann v. Board of Supervisors in & for Kossuth County, Iowa

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from...

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency...

Bradley v. Armstrong Rubber Co.

The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire factory for the alleged release of carbon...

Carson Harbor Village, Ltd. v. Unocal Corp.

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Federal Water Pollution Control Act (FWPCA), and state common-law...

Lhotka v. United States

The court holds that landowners presented a prima facie case of trespass and nuisance against the U.S. Fish and Wildlife Service (FWS) for exceeding the scope of a wetlands easement over their property when FWS constructed a series of...

Crowe v. Coleman

The court holds that plaintiff-appellant landowners' allegation that gasoline contamination from an adjoining property constituted a continuing nuisance presents an arguable cause of action under state law against the current adjacent...

In re Exxon Valdez

The court holds that native Alaskans may not bring a public nuisance action to recover damages for noneconomic "cultural" injuries they incurred as a result of the 1989 grounding of the Exxon Valdez in Prince William Sound....