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Weinberg v. Whatcom County

The court holds that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion a...

Maritime Energy v. Fund Ins. Review Bd.

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

Cobell v. Norton

The court affirms a district court holding that the U.S. Department of the Interior (DOI) breached its fiduciary duties to Individual Indian Money (IIM) trust account beneficiaries and, therefore, must conduct an accurate accounting. The Indian Reorganization Act of 1934 returned to tribal ownership...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its pie...

EnergyNorth Natural Gas, Inc. v. Continental Ins. Co.

The court holds that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River in New Hampshire because the contamination caused by the operator was not accidental as required by its insurance policies...

Ohio River Valley Envtl. Coalition, Inc. v. Callaghan

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...

Nelson v. Tennessee Gas Pipeline Co.

The court affirms a district court decision excluding the testimony of individuals' two expert witnesses in a suit alleging that polychlorinated biphenyl (PCB) contamination from a natural gas pumping station injured the individuals. The court first holds that under Fed. R. Evid. 702 and Daubert v. ...

Youngs v. Old Ben Coal Co.

The Seventh Circuit affirmed the dismissal of a landowner's breach of contract claim against a mining company that failed to restore the oil wells on the landowner's property after the company strip mined the property and ceased its mining activities. In 1956, the landowner purchased land, except fo...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal area and all city businesses and residents to have their waste col...

San Diego, City of v. Whitman

The court holds that a U.S. Environmental Protection Agency (EPA) letter responding to a city's request for assistance as to whether the Ocean Pollution Reduction Act's (OPRA's) conditions would apply to the city's renewal of its Clean Water Act (CWA) §301(h) modified permit for its publicly owned ...