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government liability

Welty v. United States

ELR Case

The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners...

Determining Climate Responsibility: Government Liability for Hurricane Katrina?

ELR Article

In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes....

Pope Resources, LP v. Washington State Department of Natural Resources

ELR Case

A Washington State appellate court held that the state Department of Natural Resources (DNR) can be held liable as an "owner or operator" under the state Model Toxic Control Act (MTCA) at the Port Gamble Bay and Mill site. The...

Litgo New Jersey, Inc. v. Martin

ELR Case

A district court held that a property owner is not entitled to attorney fees from the U.S. government in an underlying case in which the government was found liable under RCRA for trichloroethylene contamination at the site. The lower...