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Topic

Nuisance

241 published works

  1. Energy Business Law

    Does the Clean Air Act Preempt State Law Nuisance Claims Against Power Plants?

    By McDermott Will & Emery

    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…

  2. Environmental Law & Policy Monitor

    Third Circuit Holds Nuisance Claims Are Not Preempted by the Clean Air Act

    By Doug Henderson

    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…

  3. 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…

  4. 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…

  5. Sentencing Law and Policy

    When can and how should sex offenders be responsible for harming property values?

    By Douglas Berman

    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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. 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…