News & Analysis as of

Public Nuisance

California Court of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

by Clark Hill PLC on

The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego (City) could not be held liable for public nuisance associated with the stench created by sea lions because the City did not...more

New Laws passed in Florida and Oregon add to Varying State Drone Regulations

Florida and Oregon have both recently changed their Unmanned Aircraft Systems “UAS” (or “drone”) regulations, joining the vast majority of states looking to protect their residents through the use of their police power. ...more

California Court Of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego could not be held...more

Federal Court Dismisses Some of Seattle’s PCB Tort Claims

by Beveridge & Diamond PC on

In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

by Best Best & Krieger LLP on

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

Emerging Trends Newsletter - Q3

by Stinson Leonard Street on

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust Doctrine

by Perkins Coie on

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)....more

Private and Governmental Plaintiffs File Toxic Tort Suits Over L.A. Gas Leak

by Beveridge & Diamond PC on

In perhaps the most well-publicized environmental release incident since Deepwater Horizon, Southern California Gas Co. faces a number of toxic tort-based lawsuits stemming from a natural gas leak at one of its storage wells...more

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

by Beveridge & Diamond PC on

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

April 2015: Product Liability Litigation Update

Defenses to Public Nuisance Claims in Pharmaceutical Products Litigation. For many years, plaintiffs have asserted the tort of nuisance to address purported harms from all sorts of products—including firearms, lead paint,...more

Is Your Business a “Nuisance”? If so, It Could Cost You Dearly

Many landlords and businesses are already aware that they may be sued in a civil court for criminal acts committed by others on their property. While this is a reactive process that occurs in response to a specific incident,...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

by BakerHostetler on

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

Lead Paint Companies Hit With Billion Dollar Judgment in California Public Nuisance Case

by Morrison & Foerster LLP on

In a decision with potentially far-reaching impacts, a California state court has ordered three major paint companies to pay $1.15 billion to clean up lead paint in homes throughout California. People v. Atlantic Richfield...more

California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana

by Wilson Elser on

The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire Patients Health and Wellness Center that cities and counties have the right to ban medical marijuana dispensaries within their...more

City of Los Angeles v Deutsche Bank National Trust Company

City of Los Angeles v Deutsche Bank National Trust Company re: Complaint to Abate Public Nuisance

by Barry Fagan on

http://www.scribd.com/doc/137914455/City-of-Los-Angeles-v-Deutsche-Bank-National-Trust-Company (Link to Complaint) Apr 23, 2013 A judge has denied Deutsche Bank AG's bid to dismiss a lawsuit by the city of Los...more

U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims

by Cozen O'Connor on

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more

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