ELR Citation: ELR 20104
No(s). 03-14516 (11th Cir. Sep 28, 2004)

The Eleventh Circuit upheld a jury verdict finding a company liable under the CWA and RCRA for contaminating landowners' property, but reversed the jury's award of compensatory and punitive damages on the landowners' nuisance claim. Contrary to the company's arguments, the landowners had standing to assert claims under the CWA and RCRA, and the court has federal subject matter jurisdiction over the CWA claims and supplemental jurisdiction over the remaining claims. In addition, the landowners adequately proved that the company discharged pollutants into U.S. waters without a permit, and that the violation was ongoing at the time of trial. There was also substantial evidence for the jury's verdict regarding the landowners' RCRA claims. The court also affirmed the jury's award of attorneys fees and the district court's award of contribution under Georgia's Hazardous Site Response Act. The court, however, erroneously awarded the landowners compensatory and punitive damages on their nuisance claim. Ownership or occupancy is a necessary element for the maintenance of a nuisance action. Yet the district court failed to instruct the jury that damages were not recoverable by a party who did not own or occupy the residence at any relevant time prior to the filing of the complaint in this case. Because only one landowner occupied the property at issue, the jury may have awarded more in compensatory damages than it otherwise would have and the award of punitive damages was certainly erroneous.