Josephat Henry v. St Croix Alumina

416 F. App'x 204
CourtCourt of Appeals for the Third Circuit
DecidedMarch 4, 2011
Docket09-4112
StatusUnpublished
Cited by2 cases

This text of 416 F. App'x 204 (Josephat Henry v. St Croix Alumina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Josephat Henry v. St Croix Alumina, 416 F. App'x 204 (3d Cir. 2011).

Opinion

FUENTES, Circuit Judge:

Appellants-class plaintiffs Josephat Henry et al. (“the Class”) appeal the District Court’s orders granting summary judgment to defendants St. Croix Alumina, LLC (“St. Croix Alumina”), Alcoa, Inc. (“Alcoa”), and Glencore Ltd. (“Glencore”) (collectively, “Defendants”), as well as discovery-related orders by the District Court. For the reasons given below, we find that we lack appellate jurisdiction and therefore dismiss the appeal.

I.

Because we write primarily for the parties, we we set forth only the facts and history of this lengthy and complicated case that are relevant to our conclusion. This is an interlocutory appeal from two summary judgment orders granted in favor of the Defendants. Class members brought this action as a result of the storage of bauxite and red mud on the premises of St. Croix Refinery (“the Refinery”). Bauxite, which was stored in a covered shed, is a generally inert material, while bauxite residue (also known as “red mud”), which was stored in open cells, is a highly alkaline product with potentially negative *206 effects. On September 21, 1998, when Hurricane Georges pummeled St. Croix, bauxite was driven from the Refinery into homes in six neighboring communities.

In 1999, plaintiffs brought suit against St. Croix Alumina, Alcoa, and Glencore, based on their personal injury and property damages resulting from Hurricane Georges. They also sought punitive damages and an injunction requiring Defendants to, among other things, “desist [from] all activities that allow the release of [certain] pollutants” and to “remove all such pollutants ... from the island of St. Croix.” A class was originally certified in August 2000 under Federal Rule of Civil Procedure 28(b)(3). In June 2008, Chief Judge Bartle decertified the Rule 23(b)(3) class and re-certified a Rule 23(b)(2) class to its current composition, individuals who “currently reside, work and or own property in a number of neighborhoods adjacent to an alumina refinery, St. Croix Alumina,” and who “could suffer personal injuries or property damage in the future” as a result of the current storage and containment of bauxite at the refinery (emphasis added). That is, the claims of the Class as now certified arise from the possibility of future harm to individuals now in proximity to the Refinery from the alleged present-day storage of pollutants at the Refinery. Alcoa, St. Croix Alumina, and Glencore moved for summary judgment on all the remaining individual claims for property damage, personal injury and punitive damages. 1

The District Court granted these motions in part and denied them in part, dismissing the personal injury and punitive claims but denying the motion with regard to the property damage claims. Alcoa, St. Croix Alumina, and Glencore then moved for summary judgment on plaintiffs’ injunctive relief claim, which the District Court granted in two separate orders. It ruled that plaintiffs could not “point to any evidence produced in the years of discovery that constitutes significant probative evidence tending to support a continuing nuisance after the hurricane abated.” In light of the District Court’s rulings, only the individual property claims are still pending before it.

Over the course of the litigation, the District Court also adopted certain discovery-related orders issued by the magistrate judge. In addition to the two summary judgment rulings, the Class now attempts to appeal: (a) the magistrate’s denial of a motion pursuant to Fed.R.Civ.P. 56(f) for additional discovery before the resolution of the motions for summary judgment; and (b) the sanctions imposed by the magistrate on Alcoa and St. Croix Alumina related to their failure to produce certain documents during the litigation.

II.

The Class and the Defendants all agree that the Class’s appeals of the District Court’s grants of summary judgment are interlocutory. We generally lack jurisdiction to review interlocutory orders, with certain statutory exceptions. One such exception is established by 28 U.S.C. § 1292(a), which provides that “courts of appeals shall have jurisdiction of appeals from: (1) Interlocutory orders of the district courts ... granting, continuing, modifying, refusing, or dissolving injunctions.” OFC Comm’r Baseball v. Markell, 579 F.3d 293, 298 (3d Cir.2009). However, § 1292(a) “was intended to carve out only a limited exception to the final-judgment rule” and the Supreme Court “ha[s] con *207 strued the statute narrowly.” Carson v. American Brands, Inc., 450 U.S. 79, 84, 101 S.Ct. 993, 67 L.Ed.2d 59 (1981). Thus, an order expressly denying an injunction is immediately appealable under § 1292(a) as of right. Markell, 579 F.3d at 298. In contrast, an order which has only the practical effect of denying an injunction may also be appealed, but only if the denial (1) will have a serious, perhaps irreparable, consequence; and (2) can be effectively challenged only by immediate appeal. Carson, 450 U.S. at 83-84, 101 S.Ct. 993. In short, under Carson, we may hear interlocutory appeals of orders effectively denying injunctive relief only when the denial has grave repercussions and there is no other avenue by which the party seeking appeal can gain relief.

The Class argues that the District Court’s grants of summary judgment were orders explicitly refusing an injunction, rather than orders merely having the effect of refusing an injunction, and that their appeal is therefore not subject to the Carson standard. The Defendants, in opposition, argue that the grants of summary judgment were only effective denials of injunctive relief and that the Class must therefore satisfy the requirements of Carson. It is true that the District Court “enter[ed] summary judgment in favor of defendants ... on plaintiffs’ class claims for injunctive relief.” However, in cases in similar procedural postures, we have found that grants of dispositive motions against parties who have sought injunctive relief are only effective denials of that relief. For instance, in United States v. Rmi Co., 661 F.2d 279, 281 (3d Cir.1981), we treated an appeal from a grant of partial summary judgment against a plaintiff who had requested injunctive relief as an order that has only the effect of denying a permanent injunction, and thus subject to Carson. Similarly, in Ross v. Zavarella, 916 F.2d 898

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Bluebook (online)
416 F. App'x 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephat-henry-v-st-croix-alumina-ca3-2011.