Topic
Nuisance
241 published works
Energy Business Law
Does the Clean Air Act Preempt State Law Nuisance Claims Against Power Plants?
by Jacob Hollinger Last week, the U.S. Court of Appeals for the Third Circuit said “no” and the decision has already prompted at least one new air emissions lawsuit against…
Environmental Law & Policy Monitor
Third Circuit Holds Nuisance Claims Are Not Preempted by the Clean Air Act
Yesterday the Third Circuit released its decision in Bell v. Cheswick. In this case, a putative class of 1,500 property owners sued GenOn, claiming that fly ash and unburned coal…
PropertyProf Blog
Faceoff in Dallas
By propertyprof
Interesting conflict in Dallas between the Nasher Sculpture Center and a brand new, $200 million, 42-story residential condo tower which reflects some serious glare on the center. Museum officials report…
California Land Use & Development Law Report
Coastal Commission May Not Review City Nuisance Abatement Ordinance Passed In Good Faith
By Perkins Coie
The California Coastal Commission lacks jurisdiction to review a city’s adoption of a nuisance ordinance because a municipality’s enactment of an ordinance is not an appealable action. However, the city…
Sentencing Law and Policy
When can and how should sex offenders be responsible for harming property values?
Main May 16, 2013When can and how should sex offenders be responsible for harming property values? The provocative question in the title of this post is prompted by this recent…
PropertyProf Blog
Important Nuisance Case in Maryland
By propertyprof
From Joe Singer's blog:The Maryland Court of Appeals ruled in Exxon Mobil Corp. v. Albright, — A.3d —, 2013 WL 673738 (Md. 2013) that property owners near a gas station where 26,000 gallons…
PropertyProf Blog
Is a Wind Turbine a Nuisance?
By propertyprof
From Volokh:Wind turbines may be a promising low-carbon power source, but the communities in which they are sited do not always welcome them with open arms. Residents of the Forest…
PropertyProf Blog
Rendleman on Boomer v. Atlantic Cement
By propertyprof
Doug Rendleman (Washington & Lee) has posted Rejecting Property Rules-Liability Rules for Boomer's Nuisance Remedy: The Last Tour You Need of Calabresi and Melamed's Cathedral on SSRN. Here's the abstract:This…
The Appellate Strategist
Addressing the “Consolation Prize” – A Dilemma For Appellate Advocates
By Vance Wittie
One more note on National Gas Pipeline Co. v. Justiss is appropriate. The Texas Supreme Court held that the landowners had failed to present admissible evidence that the permanent nuisance…
The Appellate Strategist
When “Undisputed” Evidence Is Not “Conclusive” Evidence
By Vance Wittie
The Texas Supreme Court’s opinion in Natural Gas Pipeline Company of America v. Justiss highlights a subtle but important point regarding the way appellate courts treat undisputed facts. The case…