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Morristown Assocs. v. Grant Oil Co.
In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...
Little v. Louisville Gas & Electric Co.
The Sixth Circuit held that the CAA does not preempt property owners' state common law tort claims against a nearby power plant for allowing ash, dust, and coal combustion by-products to blow onto their properties. The owners brought RCRA and CAA claims against the power plant in addition to their s...
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 district court rejected the distillery's argument that the CAA p...
Treasure State Resource Industry Ass'n v. Environmental Protection Agency
The D.C. Circuit upheld EPA's designation of Yellowstone County, Montana, and Wayne County, Michigan, as "nonattainment" under the sulfur dioxide (SO2) NAAQS. Two petitioners—an industry association and a steel company—challenged the designations, albeit for different reasons. The industry assoc...