Yesterday, a three-judge panel of the Third Circuit issued a unanimous precedential opinion in Bell v. Cheswick Generating Station, No. 12-4216 (3d Cir. Aug. 20, 2013), holding that the federal Clean Air Act (“CAA”) does not preempt state common law tort claims.  In doing so, the Court reversed the Western District’s dismissal of the Complaint, and remanded the case for further proceedings. Read More »

Share | Email| Comments|  Topics: Air, Class Actions, Clean Air Act, Emissions, Negligence, Nuisance, Pennsylvania, Preemption, Third Circuit, Trespass

Counsel and courts continue to adapt to the “new world” of class certification following the United States Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, and the recent case of Ratner v. Georgia-Pacific Consumer Products, LP, Case No. SU11CV343-W (Effingham County Ga. July 5, 2012), is a good example.  Read More »

Share | Email| Comments|  Topics: Air, Class Actions, Nuisance, Procedure, Real Estate, Toxic Torts, Trespass

This week, the Supreme Court of the State of Montana took a look at statute of limitations issues in the context of state law claims for trespass and nuisance in contamination cases in the case of Burley v. Burlington Northern & Santa Fe Railway Co., 2012 MT 28 (Feb. 7, 2012).  The issue, which was certified to the Court from the United States District Court for the District of Montana was the following: Read More »

Share | Email| Comments|  Topics: Cleanup, Montana, Nuisance, Real Estate, Statute of Limitations, Toxic Torts, Trespass

We previously reported on Powell v. Tosh, No. 5:09-CV-121-R (W.D. Ky. Oct. 12, 2011), a case in which the U.S. District Court for the Western District of Kentucky certified a class action filed on behalf of a group of homeowners for damages allegedly suffered as a result of odors migrating from a nearby hog farm.   As Suzanne suggested in her previous post, Powell quite possibly may have been the first decision granting class certification in an environmental toxic tort case since the Supreme Court’s June 2011 decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011) – a decision that many speculated would be the death knell to class actions in this arena.  Read More »

Share | Email| Comments|  Topics: Case Update, Cases to Watch, Kentucky, Nuisance, Toxic Torts, Trespass

In light of the recent decisions in Wal-Mart v. Dukes, 131 S.Ct. 2541 (2011) and, thereafter, Gates v. Rohm & Hass Co., 655 F.3d 255 (3rd Cir. 2011), one might have wondered whether there would ever be another federal environmental tort class certified. Well, the wait is over as on October 12, 2011, just such occurred in the Western District of Kentucky. Read More »

Share | Email| Comments|  Topics: Air, Class Actions, Decisions of Note, Farming, Hog Barn, Kentucky, Nuisance, Odors, Toxic Torts, Trespass, Waste