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Oakville Community Action Group v. Industrial Pipe, Inc.

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as a municipal solid waste landfill under the Resource Conservation...

Silva v. United States

The court affirms a U.S. Court of Federal Claims' decision that it lacked jurisdiction over an exotic bird breeder's takings and breach of contract claims against the government. In 1989, the breeder entered into a breeding loan agreement with an individual who subsequently became an informant for t...

Thomas v. New York State Dep't of Correctional Servs.

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...

Fullerton Ave. Land Dev. Ltd. v. Cianciulli

The court holds that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine to hear individuals' claim that their due process rights were violated when city officials terminated their building permit without first conducting a hearing or independent investigation on the validity of ...

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

Bass Enters. Prod. Co. v. United States

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

Boerman v. American Empire Surplus Lines Ins. Co.

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

Port Auth. of N.Y. & N.J. v. Affiliated FM Ins. Co.

The court affirms a district court holding that a port authority failed to introduce evidence of physical loss or damage necessary to recover the expense of asbestos abatement at various buildings and structures under its first-party insurance policy. The authority's first-party insurance policies i...

520 E. 81st St. Assocs. v. State

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

Crutchfield v. Corps of Eng'rs

The court holds that two individuals lacked standing to challenge the U.S. Army Corps of Engineers' (the Corps') issuance of a permit to a developer for the construction of a sewer line from a housing development to a county pumping station. The individuals previously challenged the Corps' issuance ...