Nuisance

The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought…

The Arizona Supreme Court vacated a ruling that a Native American tribe sufficiently alleged standing to bring a public nuisance claim against a resort using reclaimed wastewater to make…

The Arizona Court of Appeals held that a tribe may proceed with its nuisance claim against a ski resort for its use of reclaimed wastewater to make artificial snow. In 2002, the ski resort…

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site. A pipeline leak…

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia…

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents…

A district court held that the owner of a restaurant may seek prospective damages, and possibly punitive damages, against an oil company for damages stemming from a leaking UST at a neighboring…

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A group of states,…

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v…

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss…