Legal Opinion

McEvoy v. IEI Barge Services, Inc.

Court of Appeals for the Seventh Circuit

Decided September 7, 2010No. 19-8012PublishedCited by 15 opinions

1Opinion of the Court

WOOD, Circuit Judge.

East Dubuque, Illinois, is a small town on the Mississippi River. One local company that has profited from the river’s proximity is IEI Barge Services, Inc. (“IEI”). IEI stores coal in an outdoor pile and loads it onto river barges. As the coal is moved around, coal dust is thrown off into the air. One of IEI’s neighbors, Charles McEvoy, objected to the coal dust from IEI’s operations, because it was drifting into his home; he filed suit in federal court. McEvoy’s concerns were shared by others in the area. KKL Development, LLC (“KKL”), which owns commercial property in…

2Cases cited10 opinions

  1. Ellis v. Gallatin Steel Co.Court of Appeals for the Sixth Circuit · 2004
  2. Romoland School District v. Inland Empire Energy Center, LLCCourt of Appeals for the Ninth Circuit · 2008
  3. National Parks Conservation Association, Inc. Sierra Club, Inc. And Our Children's Earth Foundation v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 2007
  4. Cassens Transport Co. v. Illinois Industrial CommissionIllinois Supreme Court · 2006
  5. Conservation Law Foundation v. Federal Highway AdministrationCourt of Appeals for the First Circuit · 1994

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3Cited by15 opinions

  1. Hively v. Ivy Tech Community College of IndianaCourt of Appeals for the Seventh Circuit · 2017
  2. Joseph Brown v. Jeffrey KempCourt of Appeals for the Seventh Circuit · 2023
  3. Sierra Club v. KorleskiCourt of Appeals for the Sixth Circuit · 2012
  4. Eric M. Berman, P.C. v. City of New YorkDistrict Court, E.D. New York · 2012
  5. STATE OF NEW JERSEY VS. JOSHUA NICHOLSON (13-12-0773, SOMERSET COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017

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