The court holds that a uranium mining company must exhaust its jurisdiction-based appeals in the Navajo tribal court system before challenging in federal court the Navajo court's jurisdiction over nuclear torts. The court first holds that the Price-Anderson Act's jurisdictional provisions do not cre...
The court holds that it lacks jurisdiction over an interlocutory appeal of a district court's refusal to hold a pre-indictment hearing to determine if the government improperly used compelled employee statements in a grand jury proceeding regarding an explosion at a rocket-fuel manufacturing facilit...
The court holds that, pursuant to Nebraska law, the "as damages" language in a comprehensive general liability (CGL) insurance policy issued to a manufacturing company that disposed of spent pickle liquor into an open, unlined waste pit includes environmental response costs. The court determines tha...
The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of Pennsylvania's request to redesignate the Pittsburgh-Beaver Valley area from nonattainment to attainment status for ozone under the Cl...
The court affirms a district court's grant of summary judgment to a Louisiana sulfuric acid manufacturer, emissions from which allegedly harmed a casino and its employees. In order to complete construction of a riverboat, the casino rented riverfront space near the manufacturer. During construction,...
The court certifies a question to the New York Court of Appeals whether state legislative approval is required before New York City can construct a water treatment plant (WTP) under parkland in the Van Cortlandt Park in the Bronx. The city planned to build the WTP pursuant to a consent decree betwee...
The court affirms a district court decision holding that various state environmental officials' delay in approving a permit to build a pier did not violate the applicants' due process, equal protection, or First Amendment rights. In 1991, the applicants, who own a tree farm on an island off the coas...
The court holds that a low-level radioactive waste (LLRW) facility developer lacks standing to challenge the Secretary of the Interior's rescission of its previous record of decision approving the sale and transfer of federal land to the state of California, which would have allowed the developer to...
The court affirms a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian landowners whose property was flooded after the U.S. Army Corps of E...
The court affirms a district court decision holding unripe a property owner's federal takings claim against a city for demolishing his building because the owner failed to seek compensation for the taking through available state procedures. The court holds that the property owner must bring an actio...