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New York City Envtl. Justice Alliance v. Giuliani

The court holds that environmental groups did not show that New York City's plan to sell or bulldoze lots containing community gardens would have an impermissible adverse impact on minority communities. The groups opposed the city's plan claiming that it would violate U.S. Environmental Protection A...

Sierra Resources, Inc. v. Herman

The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that ...

Connecticut v. Cahill

The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...

Froebel v. Meyer

The court holds that claim preclusion bars an individual's Clean Water Act (CWA) §§402 and 404 suit against a state and state employees for removal of a dam. In state court, the individual challenged the state environmental agency's decision to remove the dam and claimed that remedial steps should...

Kemper Prime Indus. Partners v. Montgomery Watson Ams., Inc.

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and contractual indemnification claims against the former managing partner of an industrial corporat...

Maryland Casualty Co. v. W.R. Grace & Co.

The court upholds a magistrate judge decision that later settling insurers are not obligated to contribute to defense costs paid by insurers that settled earlier with an insured manufacturer involved in asbestos litigation. The court first holds that the magistrate judge incorrectly held that later ...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds moot a neighborhood association's claim that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it issued a permit for the construction of a retail development. The court first holds that the association's original requests for relief in this action ...

Kennedy v. Southern Cal. Edison Co.

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to nuclear fuel rods caused the deceased's death. The family of the...

Natural Resources Defense Council v. NRC

The court holds that the Nuclear Regulatory Commission's (NRC's) regulatory definition of the term "meeting" for purposes of the Government in the Sunshine Act neither conflicts with nor undermines the Sunshine Act. An environmental group alleged that NRC's regulation is fundamentally inconsistent w...

Martinez v. American Oil & Supply Co.

The court holds that a magistrate judge properly granted summary judgment to a cleaning solvent manufacturer whose product allegedly caused an apparatus cleaner to suffer from chest pain, burning in his lungs, and shortness of breath. The court first holds that the magistrate judge's decision to den...