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Trespass

Merrick v. Diageo Americas Supply, Inc.

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the...

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility...

Hagy v. Equitable Production Co.

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing landowner's negligence and trespass claims against natural gas drilling companies for alleged well water contamination. The landowners failed to...

Whiteman v. Chesapeake Appalachia, L.L.C.

The Fourth Circuit affirmed a lower court decision dismissing farmer's West Virginia common law trespass claims against a natural gas company. The landowners sought an injunction and damages stemming from on the company's drilling and...

Teel v. Chesapeake Appalachia, LLC

A district court dismissed a landowner's trespass claim against an energy company for waste stemming from natural gas drilling operations on the property. The company owns the mineral rights underlying the land. As part of its drilling...

Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. United States

The Federal Circuit vacated and remanded a lower court decision dismissing Native American tribes' claim that the government unlawfully converted oil and gas leases on a reservation from one type of lease to another. The lower court...

Taylor Land Group, LLC v. BP Products North America, Inc.

A Michigan appellate court reversed the dismissal of a property owner's trespass claim against a prior owner of the...

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...

Smith v. Carbide & Chems. Corp.

The Sixth Circuit reversed and remanded summary judgment for defendants on plaintiffs' claims of intentional trespass, permanent private nuisance, and strict liability based on alleged soil and groundwater contamination of their real...

Equity Asset Corp. v. B/E Aerospace

A court dismisses on motions for summary judgment landowner's trespass, negligence, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against their neighbor for groundwater contamination. The...