Limitations and Preemption are Key Issues in Nuisance/Trespass Case Before Texas Supreme Court

For permanent injuries to property caused by nuisance or trespass, the plaintiffs must file suit within two years of the first injury, or the claim is barred by limitations.  But if the plaintiffs claim that the injury only started when the last of several independently owned facilities began operating, are the facilities that have been […]

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U.S. Supreme Court to Decide Which Court Should First Consider Challenges to Clean Water Regulations

The U.S. Supreme Court will answer a question that has perplexed many judges and lawyers.  In which court should challenges to the EPA’s Clean Water Act regulations be filed? Which Court Should First Review the EPA Regulations? When the EPA issues a new rule, persons affected by it know they can challenge the EPA’s action […]

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Just a Mistake or Fraud?

A seller represents that equipment meets certain technical specifications, when the equipment does not.  The particular equipment was not tested prior to the sale, and the seller claimed that it did not realize that the specific equipment did not meet the specifications.  This was a breach of contract, but was it also fraud? According to […]

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Expect Increased State, Local and Citizen Group Enforcement with a Trump/Pruitt EPA

This is the fourth in a series of Alerts regarding the expected impacts of a Trump/Pruitt EPA on enforcement trends. Environmental Groups Are Increasing in Membership and Donations Environmental groups are receiving record numbers of new members and donations in the wake of Trump’s victory.  Some are specifically referencing his choice for EPA Administrator on […]

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