10 results for 'cat:"Civil Procedure" AND cat:"Water"'.
J. Clay finds the lower court erroneously dismissed the adjacent landowner's Clean Water Act claims against the landfill operator on the grounds of claim preclusion. Although some of the issues presented in the lawsuit, including the issue of fill material used at the site, were present prior to the operator's consent decree with the Environmental Protection Agency, the landowner could not have litigated them at that point because Tennessee did not have the authority to issue the proper permits. However, because the landowner failed to follow notice requirements after the landfill operator entered into the consent decree, the lower court properly dismissed the claims in the suit that deal with violations after the decree was signed. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: May 7, 2024, Case #: 22-6118, Categories: civil Procedure, Environment, water
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. Connors finds that the Public Utilities Commission properly extended "a waiver of the standard depreciation rate for the Maine Water Company - Millinocket Division." The Commission properly applied Chapter 110 and did not abuse its discretion. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: January 30, 2024, Case #: 2024ME11, Categories: civil Procedure, water
J. Earl finds that the trial court properly denied a motion filed by one of 11 plaintiffs in the coordinated State Water Board Cases that sought to intervene all 11 cases. The coordinated cases are challenges to the State Water Resources Control Board's adoption of a water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. The San Joaquin Tributaries Authority is not entitled to mandatory intervention, as it lacks either a property or transactional interest in the plan's flow and salinity objectives and it failed to show how any settlement would impair its ability to protect its interests. And permissive intervention would result in unnecessary participation that would further complicate a case that already has 55 names on the service list. Affirmed.
Court: California Courts Of Appeal, Judge: Earl, Filed On: December 13, 2023, Case #: C096511, Categories: civil Procedure, Environment, water
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J. Renner finds that the trial court applied the wrong standard to deny a utility's challenge to a water district's eminent domain action seeking to take over part of the utility's electrical distribution system. The utility was not required to show that the water district grossly abused its discretion or that it lacked substantial evidence to support its resolution of necessity. Instead, the utility must simply show that one of the resolution's condemnation for public necessity elements or one of the condemnation for a more necessary public use elements is not supported by the preponderance of evidence. Vacated.
Court: California Courts Of Appeal, Judge: Renner, Filed On: September 21, 2023, Case #: C097529, Categories: civil Procedure, Property, water
J. Anello grants an irrigation district's motion to dismiss a group of farmers' claims alleging violation of federal laws governing the use of Colorado River water. The same claims were already litigated in state court and the farmers have not shown that they have suffered any new injuries or any new violations by the district. Furthermore, the addition of new farmer, landowner and business plaintiffs in this case does not derail the application of res judicata.
Court: USDC Southern District of California, Judge: Anello, Filed On: September 13, 2023, Case #: 3:22cv1323, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, water
J. Barringer finds the administrative law judge properly granted the mining company's petition for a pollutant discharge permit. The voluminous findings of fact made in relation to the request, none of which were challenged on appeal, indicate the judge completed the required analysis and followed applicable regulatory guidelines. Affirmed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: September 1, 2023, Case #: 306A20, Categories: civil Procedure, Environment, water
J. Thapar finds the lower court properly denied the fishing and wildlife coalition's motion to intervene because it believed at the time of the motion that the state of Michigan and several Native American tribes were less than a month from finalizing a new consent decree regarding regulation of Great Lakes fisheries. The last-minute nature of the motion, when combined with evidence Michigan intends to protect the coalition's interests during negotiations and the ultimate consent decree, weigh against granting the coalition party status in the case, especially considering the last round of negotiations began more than three years ago. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 23, 2023, Case #: 22-1946, Categories: civil Procedure, Native Americans, water