Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed. Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.
Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed.
Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The Court affirmed the circuit court's judgment to set aside the trial court's judgment and damages awarded in favor of plaintiff due to legally insufficient evidence to support a private nuisance claim against defendant.
Plaintiff company brought a suit for private nuisance against defendant gas station due to illumination intereference by the gas station on plaintiff's plans to expand its drive-in theater experience. The jury in the trial court ruled in favor of plaintiff, awarding damages because plaintiff had to build a fence to block out the illumination. The circuit court found there was insufficient evidence for a jury to find a private nuisance, set the jury’s verdict aside, and entered judgment in favor of defendant.