Freeman v. Grain Processing Corp.
| Docket Number | 130723 |
| Decision Date | 13 June 2014 |
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24 cases
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Iowa Citizens for Cmty. Improvement v. State
...two reasons. First, they claim it does not apply to state courts. This position rests on an incorrect reading of Freeman v. Grain Processing Corp. , 848 N.W.2d 58 (Iowa 2014). In Freeman , we concluded the political question doctrine did not apply to the facts of that case. Id. at 93–94. Bu......
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Behm v. City of Cedar Rapids
...of the legal principle is not a holding in the case that was a product of an adversary proceeding."); see also Freeman v. Grain Processing Corp. , 848 N.W.2d 58, 93 (Iowa 2014) ("[W]here a party does not suggest a different standard under Iowa law, we adopt for the purposes of the case the ......
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Bd. of Water Works Trs. of Des Moines v. Sac Cnty. Bd. of Supervisors
..."Tort claims challenging environmental pollution can be traced back to at least the seventeenth century...." Freeman v. Grain Processing Corp. , 848 N.W.2d 58, 66 (Iowa 2014) (reviewing history of common law and statutory remedies for pollution). Iowa tort law has allowed nuisance claims to......
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Behm v. City of Cedar Rapids & Gatso United States, Inc.
...of the legal principle is not a holding in the case that was a product of an adversary proceeding."); see also Freeman v. Grain Processing Corp., 848 N.W.2d 58, 93 (Iowa 2014) ("[W]here a party does not suggest a different standard under Iowa law, we adopt for the purposes of the case the f......
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4 firm's commentaries
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Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom
...banc denied, No. 12-4216 (3d Cir. Sept. 23, 2013), cert. denied sub nom. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). 848 N.W.2d 58 (Iowa 2014), cert. denied, No. 14-307, 2014 WL 4542764, at *1 (U.S. Dec. 1, 2014). American Electric Power Co. v. Connecticut, 131 S. Ct. 2526 (2......
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Air Permits Don't Stop Neighbors' Nuisance Claims
...issues of concern to the community around a facility. Footnotes 1 131 S. Ct. 2527, 2540 (2011). 2 734 F.3d 188, 197 (3rd Cir. 2013). 3 848 N.W.2d 58 (Iowa 4 Id. at 84. 5 Id. at 85. 6 134 S. Ct. 2696 (2014) (Bell); 135 S. Ct. 712 (2014) (Freeman). 7 Case No. 14-6499 (Nov. 2, 2015). 8 Case No......
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Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims
...potential liability arising from nuisance and other common law claims. Bethany Gullman Zachary Stephenson Freeman v. Grain Processing Corp., 848 N.W.2d 58, 63 (Iowa 2014). Petitioners Grain Processing Corporation (GPC), defendants in the original action, submitted the petition for certiorar......
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Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know
...Order). Bell, 734 F.3d 188 (3d Cir. 2013), cert. denied sub nom. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014); Freeman, 848 N.W.2d 58, cert. denied, No. 14-307, 2014 WL 4542764, at *1 (U.S. Dec. 1, See Final Rule, Petroleum Refinery Sector Risk and Technology Review and New Sou......
4 books & journal articles
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Air Pollution as Public Nuisance: Comparing Modern-Day Greenhouse Gas Abatement with Nineteenth-Century Smoke Abatement.
...not preempt state tort law). (59.) Cooper, 615 F.3d at 296-301. (60.) Id. (61.) Id. at 298; see also Freeman v. Grain Processing Corp., 848 N.W.2d 58, 74 (Iowa (62.) See Cooper, 615 F.3d at 306, 311-12 ("No matter how lofty the goal, we are unwilling to sanction the least predictable and th......
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A FIGHTING STANCE IN ENVIRONMENTAL JUSTICE LITIGATION.
...STUDIES IN GLOBAL AND REGIONAL GOVERNANCE CHALLENGES 543, 567-68 (Randall S. Abate ed., 2016) (citing Freeman v. Grain Processing Corp., 848 N.W.2d 58, 63 (Iowa 2014) (describing decision by Iowa Supreme Court rejecting argument that CAA displaced state tort theories and allowing plaintiffs......
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What's Old Is New Again: State Common-Law Tort Actions Elude Clean Air Act Preemption
...banc denied , No. 12-4216 (3d Cir. Sept. 23, 2013), cert. denied sub nom. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). 3. 848 N.W.2d 58 (Iowa 2014), cert. denied , No. 14-307, 2014 WL 4542764, at *1 (U.S. Dec. 1, 2014). 4. American Elec. Power Co. v. Connecticut, 131 S. Ct. 25......
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Four Things You Need to Know About Courts' Rejection of Clean Air Act Preemption of State Common-Law Claims
...banc denied , No. 12-4216 (3d Cir. Sept. 23, 2013), cert. denied sub nom. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). 9. 848 N.W.2d 58, 69 (Iowa 2014), cert. denied , No. 14-307, 2014 WL 4542764, at *1 (U.S. Dec. 1, 2014). 10. Bell , 734 F.3d at 196-97. 1-2016 NEWS & ANALYSIS......