Nuisance

The court holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring…

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however,…

The court grants summary judgment to a company on the state-law counterclaims brought by the past owners of a contaminated site where the company disposed of hazardous wastes. The contaminated…

The court holds that a commercial property owner may bring a negligent remediation claim against the owner of a gasoline station for damages allegedly caused by gasoline that leaked from the…

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an…

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor…

The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire…

The court dismisses a property owner's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Federal Water Pollution…

The court holds that landowners presented a prima facie case of trespass and nuisance against the U.S. Fish and Wildlife Service (FWS) for exceeding the scope of a wetlands easement over their…

The court holds that plaintiff-appellant landowners' allegation that gasoline contamination from an adjoining property constituted a continuing nuisance presents an arguable cause of action…