News & Analysis as of

Nuisance Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

Farella Braun + Martel LLP

[Webinar] Cannabis Farms in the Neighborhood: Water, Contaminants and Other Proximate Matters - November 9th, 10:00 am - 11:00 am...

As the cannabis industry grows and farms and farming operations expand, concerns around water use, wastewater discharge, land use and related nuisance issues, among others, rise as well. Our panel of industry experts and...more

Lowenstein Sandler LLP

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

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On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more

Beveridge & Diamond PC

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

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In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely. Bethpage...more

Beveridge & Diamond PC

Kentucky Federal Court Denies Class Cert to Environmental Exposure Plaintiffs

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In an opinion highlighting some of the barriers to class certification in an environmental contamination case, a Kentucky federal court denied class status to plaintiffs alleging damages from exposure to hazardous substances...more

Gray Reed

Award for Nuisance From Gas Wells Squelched

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It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Beveridge & Diamond PC

Eighth Circuit Holds Fear of Contamination Insufficient to Establish Nuisance Class

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In a ruling that underscores the difficulty of securing class certification in toxic tort cases involving fear of contamination claims, the United States Court of Appeals for the Eighth Circuit reversed a Missouri federal...more

Beveridge & Diamond PC

Third Time Is the Charm for Refinery in Getting Claims Dismissed With Prejudice

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In a case that tested a federal judge’s patience for inadequate pleadings, a Michigan federal court shut down a group of business owners’ repeated attempts to craft viable tort claims against an oil refinery in a...more

Beveridge & Diamond PC

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Beveridge & Diamond PC

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

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

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