Justia Civil Procedure Opinion Summaries

A group of neighbors appealed the Environmental Division’s decision affirming the District 4 Environmental Commission’s granting of an Act 250 permit amendment to JAM Golf, LLC for the construction of a housing development on a lot that was formerly part of the Wheeler Nature Park in South Burlington, Vermont. The neighbors argued that the landowner was required to show changed circumstances to amend the permit and that the development did not comply with Act 250 Criteria 8 and 10.The Environmental Division held six days of trial and conducted a site visit. In August 2024, the court affirmed the Act 250 permit amendment with conditions related to noise and safety during the construction period, concluding that the project complied with all relevant Act 250 criteria. The court also determined that the application should not be denied on the grounds of inequitable conduct because the neighbors failed to support assertions that the landowner made material misrepresentations in its application and on appeal.The Vermont Supreme Court reviewed the case and concluded that the permit-amendment argument was not preserved for appeal because it was not included in the statement of questions presented to the Environmental Division. The court also found that the Environmental Division did not err in allowing the landowner to elect to be assessed against the updated 2024 City Plan rather than the 2016 City Plan. The court determined that the evidence supported the Environmental Division’s findings that the project complied with Act 250 Criteria 8 and 10, including visual aesthetics, noise, and compliance with the local or regional plan. The court affirmed the Environmental Division’s decision. View "In re Wheeler Parcel Act 250 Determination" on Justia Law

The Environmental Protection Agency (EPA) granted the State of Louisiana primary enforcement authority over a class of underground carbon sequestration wells. Three environmental organizations, Deep South Center for Environmental Justice, Healthy Gulf, and Alliance for Affordable Energy, petitioned for review of the final rule granting that authorization, arguing that the rule would harm their interests.The petitioners claimed that the EPA's approval would force them to reallocate resources from their usual activities to oppose the Class VI well program. They also argued that the program would lead to increased energy costs, health risks, and environmental damage. The organizations asserted both organizational and associational standing, with Deep South claiming direct injury to its operations and Healthy Gulf and Alliance for Affordable Energy claiming injury on behalf of their members.The United States Court of Appeals for the Fifth Circuit reviewed the case and dismissed the petition, finding that all three organizations lacked standing. The court held that Deep South's claimed injuries were not cognizable under Article III because they were self-inflicted and amounted to a setback to abstract social interests. The court also found that Healthy Gulf and Alliance for Affordable Energy's alleged injuries were too speculative and attenuated to meet the requirements of imminence and traceability. The court emphasized that the petitioners' theories of injury relied on a chain of speculative events that were not certainly impending.Ultimately, the Fifth Circuit concluded that the petitioners failed to demonstrate a concrete and particularized injury that was fairly traceable to the EPA's action and likely to be redressed by a favorable judicial decision. Therefore, the petitions for review were dismissed. View "Deep South Center for Environmental Justice v. Environmental Protection Agency" on Justia Law

The County Commissioners of Boulder County and the City of Boulder filed a lawsuit against Exxon Mobil Corporation and three Suncor Energy companies, alleging that the defendants' fossil fuel activities contributed to climate change, causing harm to Boulder’s property and residents. Boulder sought damages for public and private nuisance, trespass, unjust enrichment, and civil conspiracy, claiming that the defendants knowingly contributed to climate change while misleading the public about its impacts.The case was initially filed in Boulder County District Court but was removed to federal district court by the defendants. The federal district court remanded the case back to state court, and the Tenth Circuit affirmed this decision. The Boulder County District Court then denied the defendants' motion to dismiss, rejecting their arguments that Boulder's claims were preempted by federal law, including the Clean Air Act (CAA) and federal common law.The Supreme Court of Colorado reviewed the case and concluded that Boulder's claims were not preempted by federal law. The court held that the CAA displaced federal common law in this area, and thus, federal common law did not preempt Boulder's state law claims. The court also determined that the CAA did not preempt Boulder's claims under principles of express, field, or conflict preemption. Consequently, the court discharged the order to show cause and remanded the case to the district court for further proceedings, without expressing any opinion on the ultimate merits of Boulder's claims. View "Cnty. Comm'rs of Boulder Cnty. v. Suncor Energy U.S., Inc." on Justia Law

Georgia-Pacific Consumer Products LP and other plaintiffs incurred cleanup costs at a site on the Kalamazoo River in Michigan due to pollution from paper mills. In 1995, Georgia-Pacific and other companies formed the Kalamazoo River Study Group (KRSG) and sought a declaration of shared liability for cleanup costs under CERCLA § 107. In 1998, the district court declared KRSG members, including Georgia-Pacific, liable for the entire cost of response activities at the site. Subsequent judgments in 2000 and 2003 confirmed this liability.In 2010, Georgia-Pacific filed a lawsuit against NCR Corporation, International Paper Company, and Weyerhaeuser Company, asserting claims under both CERCLA § 107(a) and § 113(f) for cleanup costs. The district court found NCR and International Paper liable and apportioned liability among the parties. However, the Sixth Circuit Court of Appeals held that Georgia-Pacific’s § 113(f) claims were time-barred and that Georgia-Pacific could not pursue § 107(a) claims for costs within the scope of the 1998 judgment.On remand, the district court vacated its judgment under § 113(f) but re-entered a declaratory judgment under § 107, declaring Georgia-Pacific, International Paper, and Weyerhaeuser liable for future response costs. International Paper and Weyerhaeuser appealed this decision.The United States Court of Appeals for the Sixth Circuit reviewed the case and vacated the district court’s declaratory judgment under § 107. The court held that Georgia-Pacific could not pursue a § 107(a) claim for costs within the scope of the 1998 judgment, as those costs were recoverable only under § 113(f). The court remanded the case for further proceedings to determine the scope of the 1998 judgment and allowed Georgia-Pacific to bring § 107(a) claims for costs outside that scope. View "Georgia-Pacific Consumer Products LP v. NCR Corp." on Justia Law

Steven Gomes filed a lawsuit to invalidate ordinances regulating groundwater use in Mendocino, adopted by the Mendocino City Community Services District (the district). The district argued that Gomes’s claims were barred by res judicata due to a prior case, Gomes v. Mendocino City Community Services Dist. (2019) (Gomes I), which challenged the district’s groundwater management program. The trial court found the ordinances contained an invalid attorney’s fee provision but rejected Gomes’s other claims.In Gomes I, the trial court denied Gomes’s petition challenging the district’s 2007 groundwater measures, but the judgment was reversed on appeal. The appellate court found the district had authority to limit groundwater extraction and that the 2007 measures were invalid due to non-compliance with statutory procedures. The district subsequently adopted new ordinances in 2020, which Gomes challenged in the present case.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. Gomes argued the ordinances imposed fees for groundwater extraction that required voter approval, which the district did not obtain. The court concluded that the claim was not barred by Gomes I, as it involved different ordinances and provisions. The court held that the fees imposed by the district were not for the extraction of groundwater and thus did not require voter approval under section 10710. The judgment was affirmed, except for the invalid attorney’s fee provision. View "Gomes v. Mendocino City Community Services Dist." on Justia Law

In August 2023, the Water Works and Sewer Board of the City of Gadsden ("Gadsden Water") filed a lawsuit in the Etowah Circuit Court against several corporate defendants, including DuPont De Nemours, Inc., and Daikin America, Inc., alleging contamination of its raw-water intake from the Coosa River with perfluoroalkyl and polyfluoroalkyl substances (PFAS). Gadsden Water claimed that the defendants' actions led to substantial economic and consequential damages, including costs for future filtration systems, monitoring contamination levels, and remediation of contaminated property.Previously, in September 2016, Gadsden Water had filed a similar lawsuit ("Gadsden I") against other parties for PFAS contamination, which was settled before trial. The settlement funds were intended to cover the costs of a new water-treatment facility and its long-term operation. The Etowah Circuit Court denied motions to dismiss the current case, leading the defendants to file petitions for writs of mandamus with the Supreme Court of Alabama.The Supreme Court of Alabama reviewed the petitions. For DuPont and Daikin, the Court found that Gadsden Water's claims were barred by the applicable statutes of limitations, as the claims accrued no later than September 2016, when Gadsden Water first became aware of the PFAS contamination. The Court granted the petition for writ of mandamus, directing the Etowah Circuit Court to dismiss the claims against DuPont and Daikin.For INV Performance Surfaces, LLC, the Court determined that the Etowah Circuit Court lacked specific personal jurisdiction. INV's limited contacts with Alabama, including owning equipment in one or two Alabama carpet mills in 2006, were insufficient to establish jurisdiction. The Court granted INV's petition for writ of mandamus, directing the Etowah Circuit Court to dismiss the claims against INV. View "Ex parte DuPont De Nemours, Inc." on Justia Law

The City of Bakersfield operates multiple weirs on the Kern River to divert water for its use and for several water agencies, including the North Kern Water Storage District (NKWSD) and the Buena Vista Water Storage District. Environmental groups, including Bring Back the Kern (BBTK) and Water Audit California (WAC), sought and obtained a preliminary injunction from the Superior Court of Kern County. The injunction prohibited Bakersfield from operating the weirs in a manner that reduced Kern River flows below the volume sufficient to keep fish downstream in good condition. The trial court refused to consider the potential harm to the City or the water agencies in determining the applicability of the injunction.The water agencies filed motions for reconsideration, arguing that the injunction and the subsequent order setting a flow rate were issued without proper consideration of their interests. The trial court stayed the flow rate order and modified the injunction, but the water agencies appealed the injunction and the order setting a flow rate.The California Court of Appeal, Fifth Appellate District, held that under the self-executing provisions of article X, section 2 of the state Constitution, courts must always consider the reasonableness of water use when adjudicating such cases. The court found that the trial court's failure to consider the reasonableness of the water use it was ordering in the injunction was a constitutional error. Consequently, the appellate court reversed the injunction and the order setting a flow rate and remanded the case for further proceedings. The appellate court also addressed issues related to the bond requirement and the due process rights of the water agencies, concluding that the trial court erred in setting a nominal bond and in issuing an implementation order that affected the water agencies without their agreement. View "Bring Back the Kern v. City of Bakersfield" on Justia Law

In 2019, New Hampshire filed two lawsuits in state court against 3M Company and other chemical companies, alleging that they produced defective PFAS products, negligently marketed them, and concealed their toxicity, leading to widespread contamination of the state's natural resources. One lawsuit sought damages for PFAS from aqueous film-forming foam (AFFF), while the other sought damages for non-AFFF PFAS contamination. The latter, referred to as the "Non-AFFF Suit," is the subject of this appeal.The Non-AFFF Suit proceeded in state court, and over the next three years, the court dismissed some of New Hampshire's claims. In August 2021, New Hampshire filed a second amended complaint. In December 2021, New Hampshire disclosed over 200 sites allegedly contaminated with non-AFFF PFAS. In April 2022, 3M removed the case to federal court, arguing that the contamination involved MilSpec AFFF PFAS, which it produced for the U.S. military, thus invoking the federal officer removal statute. New Hampshire moved to remand the case, and the district court agreed, citing that 3M's removal was untimely and did not meet the federal officer removal statute requirements.The United States Court of Appeals for the First Circuit reviewed the case and concluded that it had appellate jurisdiction. The court assumed, without deciding, that the alleged commingling of MilSpec AFFF PFAS and non-AFFF PFAS satisfied the nexus requirement for federal officer removal. However, it found that 3M's removal was untimely. The court determined that New Hampshire's filings in 2019 and 2020 provided sufficient information for 3M to ascertain removability, starting the 30-day removal clock well before 3M filed for removal in April 2022. Consequently, the court affirmed the district court's decision to remand the case to state court. View "New Hampshire v. 3M Company" on Justia Law

Danny Webb and Danny Webb Construction Company, Inc. (Webb petitioners) appealed a Fayette County Circuit Court order that set aside a jury verdict in their favor and awarded North Hills Group, Inc. (North Hills) a new trial. North Hills had claimed that Webb petitioners contaminated their property by injecting fracking waste into a well on North Hills' land. Webb petitioners argued that the circuit court erred because sufficient evidence supported the jury's verdict and because the parties' lease agreement precluded North Hills' claim for unjust enrichment.The Circuit Court of Fayette County had previously found that Webb petitioners breached their lease agreement with North Hills by injecting unauthorized substances into the well. The court set aside the jury's verdict, finding it contrary to the clear weight of the evidence and granting North Hills a new trial. Webb petitioners appealed, arguing that the jury's verdict was supported by sufficient evidence and that the lease agreement barred the unjust enrichment claim.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court abused its discretion. The court held that the jury's verdict was supported by sufficient evidence, including testimony that the substances found on North Hills' property did not exceed health-based standards. The court also held that the lease agreement precluded North Hills' unjust enrichment claim because it governed Webb Construction's injection activities. The Supreme Court of Appeals of West Virginia reversed the circuit court's order and remanded the case with instructions to reinstate the jury's verdict in favor of Webb petitioners and to enter judgment in accordance with the verdict. View "Danny Webb Construction Company, Inc. v. North Hills Group, Inc." on Justia Law

Several young Utah residents filed a lawsuit challenging statutory provisions and government actions related to fossil fuel development. They claimed that these provisions and actions were designed to maximize fossil fuel development in Utah, which they argued endangered their health and shortened their lifespans by exacerbating climate change. They sought a declaration from the district court that these provisions and actions violated their rights under the Utah Constitution.The government defendants moved to dismiss the case, arguing that the requested relief would not redress the alleged injuries. The Third District Court, Salt Lake County, agreed and dismissed the claims with prejudice, concluding that the plaintiffs lacked standing because their claims were not redressable.The Utah Supreme Court reviewed the case and affirmed the dismissal on the ground that the district court lacked subject-matter jurisdiction. The court found that the challenge to the energy policy provision was moot because the legislature had significantly amended the statute since the complaint was filed. The plaintiffs lacked standing to challenge the remaining statutory provisions because success on those challenges would not provide relief likely to redress their injuries. The court noted that the challenged provisions did not limit the government defendants' discretion in making decisions about fossil fuel development, and thus, striking these provisions would not necessarily lead to less fossil fuel development.The court also held that the challenges to the government defendants' conduct were not justiciable because they were not supported by a concrete set of facts. The plaintiffs had identified general categories of conduct without tying their claims to any specific government actions. The court instructed the district court to modify its ruling to reflect that the dismissal was without prejudice, allowing the plaintiffs the opportunity to refile their claims if they could address the jurisdictional deficiencies. View "Roussel v. State" on Justia Law