A court dismisses on motions for summary judgment landowner's trespass, negligence, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against their…
The court holds that under Texas law, property owners can recover for trespass based on contamination by emission of airborne particulates. The only showing necessary is entry over land by some…
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…
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…
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…
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…
The court affirms a jury verdict in favor of defendants, a gas station and an environmental consulting group, in a suit alleging property damage from a trespassing and leaking underground gasoline…
The court holds that a district court did not abuse its discretion in finding expert testimony concerning a corporation's claim of land contamination by a neighboring company to be unreliable…
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…
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…