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Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...
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Smelter Not Liable Under CERCLA as an Arranger for Disposal
A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA.
Th...
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