DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142191P.pdf 09/15/2015 Bruce Smith v. ConocoPhillips Pipe Line Co.
U.S. Court of Appeals Case No: 14-2191
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Shepherd, Circuit Judge, and Harpool,
District Judge]
Civil case - Nuisance. In class action alleging defendant had created a
nuisance by contaminating drinking well water within a 1.1 mile radius of
its contaminated site, the district court erred in certifying the class of
homeowner plaintiffs; in light of contemporary consensus by persuasive
authority on the meaning of common law nuisance in the context of
environmental contamination, the court concludes that the putative class
fear of contamination spreading from the pipeline leak site to harm their
property is not a sufficient injury to support a claim for common law
nuisance in the absence of proof.