Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46991 Justice Davis PLAINTIFF MUNICIPAL water district, owner of wells supplied exclusively by groundwater from an aquifer, sought damages and injunctive relief, claiming that certain spills at Shell, Exxon/Mobil and Gulf gasoline stations released fuel containing the additive methyl tertiary-butyl ether into the groundwater. Claiming that plaintiff lacked standing to sue, defendant oil companies sought dismissal of plaintiff’s amended complaint. Referring to a May 22, 2002 order, the court rejected, as law of the case, defendants’ assertion that plaintiff’s right or interest in the affected water was only usufructory in nature because it had not appropriated the water for its own use. Although the court found that plaintiff demonstrated the existence of an actual property dispute and that discovery was necessary to determine whether the threatened injuries were real, the court dismissed defendant Chevron USA Inc. The record demonstrated Chevron’s lack of control or ownership of a gasoline station that it sold to an unaffiliated defendant.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.