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Bituminous Casualty Corp. v. Vacuum Tanks, Inc.

The court holds that an insurer does not have the duty to defend a policyholder against a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim where evidence of the policies' existence is available, but where evidence of the policies' terms was not presented despite a...

Clarkstown v. C&A Carbone, Inc.

The court holds that a local law that requires all nonrecyclable solid waste generated in town to be delivered to the town's transfer station for processing and disposal is constitutional, and affirms a decision enjoining a local recycling facility that separates solid waste into recyclable and nonr...

C&A Carbone, Inc. v. Clarkstown, Town of

The Court holds that a New York town's ordinance requiring all solid waste to be processed at a designated transfer station before leaving the town violates the Commerce Clause of the U.S. Constitution. The avowed purpose of the ordinance is to retain the processing fees charged at the transfer stat...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has standing to challenge the Secretary's failure to comply with NEP...

Daubert v. Merrell Dow Pharmaceuticals, Inc.

On remand from the U.S. Supreme Court, the court holds inadmissible under Fed. R. Evid. 702 expert testimony offered to prove that plaintiffs' mothers' ingestion of the drug Bendectin during pregnancy caused the plaintiffs to be born with limb-reduction birth defects. The court first refuses to rema...

Dico, Inc. v. United States

The court holds that the U.S. Court of Federal Claims lacked jurisdiction under 28 U.S.C. §1500 over a manufacturer's claim for compensation under the Fifth Amendment to the U.S. Constitution for response costs the manufacturer incurred cleaning up contaminated groundwater pursuant to a U.S. Enviro...

DeBlasio v. Zoning Bd. of Adjustment

The court holds that a New Jersey landowner adequately stated a substantive due process claim under the Fourteenth Amendment to the U.S. Constitution when he alleged that a local zoning board arbitrarily or irrationally decided that the operation of a battery distribution business on his property vi...

Clean Ocean Action v. York

The court affirms a district court order denying citizen groups a preliminary injunction to stop ocean dumping of dioxin-contaminated materials dredged from the New York-New Jersey Port Authority's Newark/Port Elizabeth facility. The court first holds that the plain meaning of the U.S. Environmental...

Clajon Prod. Corp. v. Petera

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

Cook v. Rockwell Int'l Corp.

A district court denies property owners' motions to sanction the U.S. Department of Energy (DOE) for violating discovery orders in the owners' toxic-tort suit against DOE contractors that operate the Rocky Flats nuclear weapons production facility. The court also denies, for the most part, the contr...