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Feikema v. Texaco, Inc.

16 F.3d 1408 (1994)

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Feikema v. Texaco, Inc.

United States Court of Appeals for the Fourth Circuit
16 F.3d 1408 (1994)

Facts

Texaco, Inc. (Texaco) (defendant) owned and operated a petroleum distribution terminal called the Tank Farm. Toxic petroleum products from the Tank Farm leaked into the soil and groundwater of the surrounding land, and an oil plume moved toward neighboring properties. Feikema (plaintiff) and other impacted homeowners (Homeowners) filed a complaint against Texaco alleging common-law nuisance and trespass under state law because a plume of oil leaked from a nearby petroleum distribution terminal owned by Texaco damaged their properties. The Homeowners requested injunctive relief through excavation, treatment, and replacement of contaminated soil and other remediation measures. The district court granted Texaco’s motion to dismiss on preemption grounds. The homeowners appealed.

Rule of Law

Issue

Holding and Reasoning (Niemeyer, J.)

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