Legal Question in Real Estate Law in California

nitrates

are you aware of any lawsuits dealing

with nitrates in well water?


Asked on 1/26/07, 11:45 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: nitrates

I'm not aware of any, but if you plug "nitrates" "well water" and "lawsuit" into a search engine, you'll certainly find what you're looking for.

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Answered on 1/26/07, 12:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: nitrates

On WestLaw I found about 77 cases (California state and federal appellate cases) containing all three terms "nitrate(s)" "well" and "water." Many of these are unpublished decisions and can't be cited. I'm also sure that many of them have nothing to do with nitrates in well water, they just show up because those words appear somewhere in the text. One is the famous U.S. Supreme Court case (Dalehite v. U.S.) about the explosion of ships containing ammonium nitrate in Galveston Harbor in the 1950s, said to be the largest tort case in history.

Narrowing the search to require the three terms to be in the same paragraph yields a lot fewer cases, maybe half a dozen, and upon scanning the headnotes, I doubt that any of them is specifically about a claim under, for example, CEQA, for damages due to nitrate-tained ground water.

That's about as far as I can go without knowing what specifics are involved in your situation.

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Answered on 1/26/07, 2:31 pm


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