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Tosco Corp. v. Communities for a Better Env't

The court holds that, applying the "place of operations" test, a district court lacks federal diversity jurisdiction under 28 U.S.C. §1332 to hear a manufacturer's slander, libel, malicious prosecution, and equitable relief claims against an environmental group arising from the group's Clean Air Ac...

Independent Petroleum Ass'n of Am. v. Babbitt

The court affirms a district court holding that an oil producers association contesting the U.S. Department of the Interior's (DOI's) take-or-pay royalties policy failed to challenge a final agency action and, therefore, the court lacked subject matter jurisdiction over the association's complaint. ...

Tosco Corp. v. General Ins. Co. of Am.

The court affirms a trial court holding that three comprehensive general liability insurers could not be required to defend or indemnify an insured property owner with respect to environmental cleanup costs and other liabilities arising from property that the owner did not own during the relevant po...

Fiore v. White

The U.S. Supreme Court holds that the criminal conviction of a hazardous waste facility operator under a Pennsylvania hazardous waste statute for operating a hazardous waste facility without a permit violated the federal Due Process Clause. When the operator was convicted, he in fact had a permit, b...

Humane Soc'y Int'l v. Clinton

The court upholds a Court of International Trade (CIT) decision denying an animal rights group's request to issue a writ of mandamus directing the U.S. president to impose import restrictions on Italy for violating the Driftnet Fishing Act, and denying their request for an order requiring the Secret...

Khodara Envtl., Inc. v. Beckman

The court holds that the repeal and replacement of a 1996 statutory amendment to the Federal Aviation Reauthorizaton Act governing the placement of landfills near commercial airports moots and requires vacatur of a potential landfill operator's facial attacks on the constitutionality of the amendmen...

Kazi v. State Farm Fire & Cas. Co.

The court holds that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend the insureds in an easement dispute. The dispute arose after the insureds graded an access road on their property that allegedly interfered with their ...

Banner v. United States

The court affirms the Court of Federal Claims' dismissal of individuals' claims that the enactment of the Seneca Nation Land Claims Settlement Act (SNLCSA) constituted a taking of property rights that the individuals held on the Allegany Reservation of the Seneca Nation of Indians (SNI). The individ...

NE Hub Partners, L.P. v. CNG Transmission Corp.

The court holds that a natural gas storage facility operator may go forward with its federal preemption action against a state environmental agency in which it seeks a declaratory judgment enjoining the agency from revisiting its issuance of various state permits to the operator. After the operator'...

Cantrell v. Long Beach, City of

The court holds that an environmental group had standing under the National Environmental Policy Act (NEPA) to challenge the adequacy of the U.S. Navy's environmental impact statement (EIS) regarding the future use of the Long Beach Naval Station in California, but the group did not establish taxpay...