160 results for 'cat:"Water"'.
J. Tallman affirmed a matter in part from a combined jury and bench trial against a munitions and explosives company in an action brought by the Santa Clarita Valley Water Agency (SCVWA) that alleged that the company was responsible for contamination of groundwater that the agency pumps from wells. The district court properly permitted SCVWA to assert restoration costs as a measure of damages for the first time after the close of discovery, SCVWA adequately established that groundwater treatment facilities were an appropriate measure of damages, and the jury award of restoration costs was reasonable. However, the district court improperly denied a finding to SCVWA a liability against the company for one category of incurred response costs under the Comprehensive Environmental Response, Compensation, and Liability Act. Affirmed in part.
Court: 9th Circuit, Judge: Tallman, Filed On: April 15, 2024, Case #: 22-55727, Categories: Environment, water
J. Devine finds that the court of appeals improperly ruled against a private developer in a contract case it filed against the City of San Antonio water system. Based on a contract it formed with the city, the developer alleged that the city was obligated to reserve sewer capacity for a housing development project. The court of appeals granted the city's motion to dismiss the case, citing governmental immunity, and finding that the city had no contractual right to reserve the capacity. However, the contract entered into by the developer and the city waived the city's immunity because it effectively outlined the terms of the project, forming an agreement between the parties. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: April 12, 2024, Case #: 22-0481, Categories: Government, water, Immunity
J. Hiraoka finds an environmental court properly determined that the conservation group was not entitled to a contested case hearing over the renewal of permits to divert water from a Maui river. The group did not have a constitutionally protected property interest in the permits based on rights to a clean and healthful environment. The permits do comply with environmental regulations and governmental interest in the providing water to its communities overweighs the need for a contested case hearing. However, when the permits were continued, the environmental court should not have modified the conditions to limit stream diversions as the board should have authority over modifications. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: April 12, 2024, Case #: CAAP-22-516, Categories: Environment, Government, water
J. Castillo finds that the trial court properly denied mandamus relief to a local water agency that challenged another local water agency's claim to be the regional groundwater sustainability agency (GSA) under the water code. The challenger failed to show that its powers were impaired by the legislature's express designation of the other agency as the local GSA. By becoming the GSA, the other agency did not violate the code by forming a public corporation within the challenger's jurisdiction. And the other agency complied with all the notice requirements of the water code in announcing its intent to become a GSA. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: April 12, 2024, Case #: D081984, Categories: water
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J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, water, Immunity
J. Stephens finds that the lower court properly found that the Benton County Water Conservancy Board does not have the standing to challenge a policy from the state Department of Ecology that governs the division of water rights. The board has not been able to show that it suffered any injury after the department refused to accept proposed division forms under the policy, and its interests would not be redressed if the challenged policy were tossed. The board lacks all standing to challenge it as a result. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: April 11, 2024, Case #: 101838-0, Categories: Environment, water
J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, water
J. Kobayashi partially excludes reports and testimony from a doctor and toxicology expert who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. The doctor’s opinions on the contamination causing the families’ short term medical issues are admissible as long as they do not rely on studies done exclusively on animals. The doctor cannot testify as to the long term effects, however, as he does not establish specific causation to the jet fuel.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 9, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, water
J. Kobayashi partially excludes reports and testimony from three psychologists who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. Testimony from two of the doctors are admissible, as they did conduct full interviews of their patients, including the minors. Information gathered from the parents about their children is admissible as first-hand knowledge when minors are involved is not required. A third doctor is not a physician or military medicine expert so portions of his testimony are excluded, but his testimony on the families' trauma is admissible.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 8, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, water
J. Gibbons finds the district court properly dismissed this land and civil rights dispute. The landowner claims the Bureau of Land Management harmed his property rights by canceling his grazing permit for a portion of land over which he says he has right-of-way, as well as water and grazing rights. The road builder and users of the road built on the land were variously improperly served. The property owner also failed to correctly allege civil conspiracy claims and filed other claims outside limitations. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 8, 2024, Case #: 85779-COA, Categories: Property, water, Agency
J. Bahr finds that the district court improperly dismissed a complaint after the district court granted summary judgment in favor of a plumbing company. An individual hired the plumbing company to perform a plumbing rough-in in a house built in the 1920s. The individual later discovered leaks and water damage. A genuine dispute of material fact exists as to the source and cause of the leak, therefore the district court erred in granting summary judgment. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: April 4, 2024, Case #: 2024ND53, Categories: water, Contract
J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, water, Negligence
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: Administrative Law, Property, water
J. Hawthorne finds that Colorado’s Taxpayer’s Bill of Rights requires water conservancy districts to get approval from the voters before it may increase its mill levy under the Water Conservancy Act. The lower court must revise its opinion and find in favor of the property owners that sued a conservancy district over its decision to increase the mill levy from 0.5 mill to 1.0 mill. Reversed.
Court: Colorado Court Of Appeals, Judge: Hawthorne, Filed On: March 21, 2024, Case #: 2024COA28, Categories: Tax, water
J. Perry finds that the trial court erred in ruling the decedent's wife's personal servitude of habitation in the outdoor kitchen of a residence was terminated because she "was cohabitating with a significant other." The record does not support the finding that the decedent's wife and her boyfriend were living together in the outdoor kitchen based on the limited number of times he stayed over. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 6, 2024, Case #: CA-23-344, Categories: Contempt, Property, water
J. Morris denies a motion for a preliminary injunction against the owner of a golf course after an environmental group claimed there were ponds on the course that were being improperly filled with reclaimed water, among other claims of improper water usage. The group is not likely to succeed on the merits of its case, largely due to the fact that it has not been able to show that the ponds constitute "point sources" that discharge pollutants. Without any more specifics that would bolster the case, the group has not met the high bar of justifying a preliminary injunction.
Court: USDC Montana, Judge: Morris, Filed On: March 6, 2024, Case #: 2:23cv26, NOS: Environmental Matters - Other Suits, Categories: Environment, water, Injunction
J. Ives finds the lower court properly granted the motion for summary judgment filed by the governing body of the acequia water system. Its application of two statutory schemes for water distribution - one for irrigation and one for retrieval from a ditch - is compatible with New Mexico law and affords proper water rights to the landowners. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: March 5, 2024, Case #: A-1-CA-40325, Categories: Property, water
J. Adams denies the city's motion to alter its consent decree with the Environmental Protection Agency, ruling that while its proposed amendment to allow overflow of 100 million gallons of untreated sewage into the Cuyahoga Valley National Park is significantly less than the amount of overflow at the time the decree was established, it does not amount to a de minimis impact on the watershed and surrounding area. Additionally, the increase in treatment costs from $56 million to $209 million is not a significant change in circumstances that allows for an adjustment in the consent decree because the city provided no evidence to explain the cost increase and relied on outdated treatment data when it submitted cost predictions.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: March 1, 2024, Case #: 5:09cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, water
J. Lipinsky finds the lower court properly dismissed the well owners' complaint for lack of jurisdiction. The issues presented by the owners, including interpretation of water use guidelines and an order to vacate the state engineer's decision, were water matters that must decided by a water court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA23, Categories: water, Jurisdiction
J. Luthy finds the district court improperly dismissed this contract dispute between a construction company and water supplier. The water supplier filed a lawsuit alleging the construction company connected to its water supply without paying membership fees or seeking permission. The construction firm then sued for fraud and breach of contract. The court erred when they concluded the remedy was for a “party’s failure to file a compulsory counterclaim” when the lawsuit was dismissed. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 23, 2024, Case #: 20220565-CA, Categories: Civil Procedure, Property, water
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: Public Record, water, Business Practices
J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, water
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, water
J. King finds in partial favor of the county against the gas company's complaint that the county stopped accepting the plant condensate, a byproduct of its landfill gas conversion process, resulting in the closure of the gas company's landfill gas processing plant. The gas company argues that the plant condensate eventually makes its way to Puget Sound so the gas company's operations are subject to a Clean Water Act permit, but the plant condensate goes through a complicated process before reaching Puget Sound without traveling through a non-point source like the groundwater in the cited "County of Maui" to navigable waters.
Court: USDC Western District of Washington, Judge: King, Filed On: February 9, 2024, Case #: 2:23cv542, NOS: Other Contract - Contract, Categories: Environment, water, Contract