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BSK Enterprises, Inc. v. Beroth Oil Co.

A North Carolina appellate court upheld a trial court's decision to cap a property owner's award of remediation damages to the diminution in property value, not the amount it would cost to clean up the property, thereby reducing a jury's award from $1.5 million to $108,500. The case involves a prope...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit held that it has jurisdiction to hear numerous lawsuits challenging EPA's and the U.S. Army Corps of Engineers' "waters of the United States" (WOTUS) rule. The rule went into effect on August 28, 2015, but on October 9, 2015, the court issued a nationwide stay of the rule pending f...

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use...