Legal Opinion

Ellis v. Gallatin Steel Co.

Court of Appeals for the Sixth Circuit

Decided October 26, 2004No. 02-6421, 02-6422, 02-6429, 02-6478PublishedCited by 80 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

Gallatin Steel Company manufactures steel and Harsco Corporation processes slag (a steel byproduct) on adjacent pieces of property in rural Kentucky. In addition to steel and slag, both operations produce a considerable amount of dust, what has come to be known in the regulatory world as “fugitive dust,” a phrase that loses its redundancy when applied to dust particles that migrate from one piece of property to another. Unhappily for the Ellis family and for Laverne Brashear, the dust particles from these manufacturing operations migrated to the Ellis family farm…

2Cases cited42 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  5. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989

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3Cited by80 opinions

  1. Sharon Surles, by Next Friend Jayneice Johnson, Plaintiff-Appellee/cross-Appellant v. Greyhound Lines, Inc., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2007
  2. Environmental Conservation Organization v. City of DallasCourt of Appeals for the Fifth Circuit · 2008
  3. Ronald Loesel v. City of FrankenmuthCourt of Appeals for the Sixth Circuit · 2012
  4. United States v. Philip Morris USA, Inc.District Court, District of Columbia · 2006
  5. Saginaw Housing Commission v. Bannum, Inc.Court of Appeals for the Sixth Circuit · 2009

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