“Fear of Contamination” From Neighboring Property Not A Nuisance: Eighth Circuit Overturns Class Certification
This week, in the case of Smith v. ConocoPhillips Pipe Line Co., No. 14-2191 (8th Cir. Sept. 15, 2015), the Eighth Circuit overturned a district court’s grant of a certification to a class comprised of property owners who alleged that the contamination of a neighboring property, and their fear of its spread, was a nuisance. The Eighth Circuit held that the plaintiffs did not provide evidence that their own properties were contaminated and thus denied class certification based on the plaintiffs’ failure to demonstrate a common injury.