When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more
In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more
Pro se Plaintiff Cornelius Brooks (“Brooks”) filed a June 10th Complaint in the United States District Court for the Eastern District of Arkansas against Dolgen Corp., LLC, d/b/a Dollar General (“Dollar General”), and Rozier...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more
The John O. Nix Trust (“Nix”) filed an October 10th Complaint in Miller County, Arkansas, Circuit Court against Bradley Enterprise & Farm, LLC, (“Bradley”) and Drainage Districts No. 4 & 5 (“District”) addressing the...more
After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more
A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more
An Indiana appellate court addressed in a January 31st decision issues arising in a landowner’s civil and criminal trespass actions against a neighboring landowner. See Clark v. Thessalonica, Inc., 2023 WL 1156978. The...more
The Arkansas Court of Appeals (“Court of Appeals”) addressed in a February 15th Opinion issues arising out of an inverse condemnation claim. See City of Sherwood v. Clint Bearden, 2023 Ark. App. 67. The inverse...more
Following a multi-year investigation, Michigan AG Dana Nessel announced the issuance of an order to Lockhart Chemical Company in Flint, Michigan, from the Michigan Department of Environment, Great Lakes and Energy (EGLE)...more
Today we will skip our usual routine of explaining how court rulings on the question of the day might affect your interests. Instead we will discuss the fallout from abysmal document drafting. In Rosetta Resources Operating...more
First, a word for you scriveners: Preserve your reputation and the honor of your law school writing instructor by preparing clear and understandable contracts. ...more
Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground...more
On Dec. 29, Governor Whitmer signed two Drain Code amendments into law—House Bills 5126 and 5504, now Public Acts 281 and 291, respectively. Public Act 281 does not go into effect until March 29, 2021, however Public Act 291...more
Atlantic Coast Pipeline Remains Halted as Developers Wait on Court Decisions - "There are currently two federal permits under review--one issued by the U.S. Fish and Wildlife Service and one issued by the U.S. Forest...more
On March 21, 2019, the Colorado Court of Appeals issued its opinion in Rinker v. Colina-Lee, holding for the first time that the “irreparable harm” element typically required to grant a permanent injunction is not needed for...more
The blog Stormwater Report references what the Minnesota Twins have described as the installation of a “Living Wall” system for Target Field. The system described as a further commitment to sustainability because it will...more
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more
In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more
Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more
On June 11, the Supreme Court issued a one-sentence order affirming the Ninth Circuit’s 2016 judgment in United States v. State of Washington. In that case, the federal government sued Washington on behalf of several Indian...more
Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more
The Alabama Department of Environmental Management (“ADEM”) and Hyche Landfill, LLC (“HL”) entered into a Special Order by Consent (“Special Order”) addressing alleged violations of Alabama regulations related to landfill...more
In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more
On April 1, 2016, the Texas Supreme Court, in Houston Belt & Terminal Railroad Co., et al.. v. City of Houston, et al., reviewed the implementation of the City of Houston’s 2011 drainage fee ordinance. ...more