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Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that the sudden and accidental exception to the pollution exclusion cl...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief under the Comprehensive Environmental Response, Compensation, and Li...

Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonab...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...

Nautilus Ins. Co. v. Jabar

The court upholds the granting of summary judgment to an insured based on the ambiguity of terms used in the total pollution exclusion clause in the insurance policy. The court first holds that the total pollution exclusion clause is ambiguous as applied to the claim in question because an ordinaril...

Yankton Sioux Tribe v. Gaffey

The court holds that the Yankton Sioux Tribe of South Dakota does not have tribal jurisdiction over reservation lands that fell out of U.S. government trust and eventually passed to non-Native Americans. An 1894 Act of Congress ceded certain reservation lands to the United States in trust for the tr...

Mancuso v. Consolidated Edison Co. of N.Y.

The court dismisses a family's Federal Water Pollution Control Act and state-law actions against an electric power station for personal injuries that the family allegedly suffered due to polychlorinated biphenyl (PCB) contamination at a marina owned and lived in by the family. The court first holds ...

Southwest Ctr. for Biological Diversity v. Clark

The court holds that environmental groups have standing to bring suit against the U.S. Department of the Interior (DOI) for failing to redesignate critical habitat for the spikedace and loach minnow even though the groups' members cannot see and are unable to distinguish the fish in their natural ha...

Klamath Water Users Protective Ass'n v. Department of the Interior

The court reverses a district court decision that documents submitted by Native American tribes at the request of the U.S. Department of the Interior (DOI) in the course of consultation over ongoing proceedings involving water rights and allocations affecting the tribes' interests are exempt under t...

United Waste Sys. of Iowa, Inc. v. Wilson

The court holds that Iowa's solid waste disposal program does not violate the federal Commerce Clause. The state program forbids garbage haulers from transporting a county's or city's waste to a facility not designated in that county's or city's comprehensive waste management plan. The court first h...