Legal Opinion
Feikema v. Texaco, Inc.
Court of Appeals for the Fourth Circuit
Decided March 3, 1994No. 93-1649PublishedCited by 44 opinions
1Opinion of the Court
OPINION
NIEMEYER, Circuit Judge:
The question of first impression presented on this appeal is whether the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or an administrative order entered pursuant to it, preempts state common law causes of action for nuisance and trespass. Several homeowners in Fairfax, Virginia, filed a complaint in March 1993 against Texaco, Inc. and Star Enterprises (collectively “Texaco”), alleging that a plume of oil which leaked from a nearby petroleum distribution terminal owned by Texaco damaged and continues to damage their properties. • The…
2Cases cited19 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Brogdon Ex Rel. Cline v. National Healthcare Corp.District Court, N.D. Georgia · 2000
- State of New Mexico v. General ElectricCourt of Appeals for the Tenth Circuit · 2006
- Gerner v. County of Chesterfield, Va.Court of Appeals for the Fourth Circuit · 2012
- Good v. Altria Group, Inc.Court of Appeals for the First Circuit · 2007
- At&T Wireless PCs, Inc. v. City Council of City of Virginia BeachDistrict Court, E.D. Virginia · 1997
39 more not listed; retrieve them via the Exa API.