Nuisance

News & Analysis as of

California Court Holds Offensive Odors Are Not Property Damage

In its recent decision in Travelers Property Casualty Company of America v. Mixt Greens, Inc., 2014 U.S. Dist. LEXIS 39548 (N.D. Cal. March 25, 2014), the United States District Court for the Northern District of California...more

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

California Environmental Law and Policy Update - December 19, 2013

California plans tighter control of hydraulic fracturing, but not enough for some - New York Times - Dec 13: California oil and gas companies using hydraulic fracturing to tap the nation’s largest oil shale formation...more

A Very Public Private Nuisance

Move over Dos Equis guy. Alan Markovitz may be the most interesting man in the world. Consider his credentials: Markovitz is a “strip-club entrepreneur” who has been shot twice (once in the face) and “even had a mob...more

Trespass And Nuisance: Preventative Measures

In our previous post, we discussed common problems for property owners regarding trespass and nuisance. While enforcing your legal rights is always a possibility, litigation is never a desired course....more

Smoking is not Nuisance Per Se Schuman v. Greenbelt Homes, Inc., 212 Md. App. 451 (2013)

Maryland courts have weighed in on an issue of growing importance in residential communities: smoking. In its recent ruling, the Court of Special Appeals of Maryland upheld the ruling of the Circuit Court for Prince George's...more

Another Judicial Assault On GHG Emissions

The federal courts barred federal common law nuisance actions to obtain money damages or injunctive relief. American Elec. Power Co. v. Connecticut, 131 S. Ct. 2527 (2011)(holding nuisance claims seeking injunctive relief...more

This Land Is Your Land - I Better Keep Off

Contrary to Woody Guthrie's catchy tune, there are many good reasons to keep your property "private" and free from uninvited guests: the potential for property damage, theft, and liability for injuries to name a few. The...more

Implications for Industry of Oregon DEQ's Final Nuisance Odor Strategy

For regulated companies and Associated Oregon Industry members, the publication of the Oregon Department of Environmental Quality's (DEQ) final nuisance odor strategy this past August brought mixed blessings. Among the...more

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

The Third Circuit Reinstates Nuisance Claims Against Cheswick Generating: Bad Idea

On Wednesday, in Bell v. Cheswick Generating Station, the 3rd Circuit Court of Appeals revived class action nuisance claims brought by residential property owners living within one mile of GenOn’s Cheswick Generating Station....more

South Carolina Supreme Court Issues Important Ruling on Nuisance, Trespass, and Liability for Offensive Odors

On August 14, 2013, the South Carolina Supreme Court answered four questions certified to it by the U. S. District Court for the District of South Carolina. Babb v. Lee County Landfill SC, LLC, No. 27299 (August 14, 2013)....more

United Kingdom: Minerals Matter - Summer 2013

Summer is finally here and with it comes the latest edition of Minerals Matters. In this edition we have covered a wider range of topics than ever before reflecting the breadth of expertise held within the DLA Piper Mining...more

DISPUTE RESOLUTION: Tort Litigation: Global Warming Litigation Goes Cold

Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more

What’s Up with Noise, Light, Dust and Volatile Organic Compounds?

The West Virginia Department of Environmental Protection (“DEP”) released its report to the West Virginia Legislature in May on the study of “noise, light, dust and volatile organic compounds generated by the drilling of...more

The trust decanting statutes: Nuisances that should be repealed.

Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to...more

Georgia Court Of Appeals Upholds Class Certification In Air Pollution Case

The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court’s decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific’s Savannah River...more

Stopping Noise Pollution

A developer bought several pieces of property next to our three flat last year and tore down the two houses....more

Environmental Nuisance Claims — It Helps To Have Experts

The old warning that “past performance is no guarantee of future results” apparently applies not only to investments but also to environmental nuisance suits in Tennessee. ...more

San Bernardino County Approves Temporary Moratorium on Utility-Scale Solar Projects - County Wants Time to Consider Potential...

The San Bernardino County Board of Supervisors last week unanimously approved a 45-day moratorium on utility-scale solar energy projects to allow the County time to address potential land use compatibility issues posed by...more

Misuse Of Keyhole Lot As Marina

A dispute is brewing between riparians and backlot owners on Deer Lake in Independence Township, located in Oakland County, Michigan. ...more

Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk  [Video]

May 22 (Bloomberg) -- AMF Bowling Worldwide Inc. and Ahern Rentals Inc. are prime examples of the frothy market where junk-bond investors are fearless in the face of risk, as Bloomberg Law's Lee Pacchia and Bloomberg News...more

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance

On March 7, 2013, the Supreme Court of Canada released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. In Antrim, the Ontario government built a new highway which effectively put a truck...more

Would You Be Annoyed If Your Neighbor Installs A Wind Turbine?

In 2009, the Nevada legislature enacted a statute intended to remove private barriers to landowners’ harnessing of wind energy...more

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