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Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...

Conoco, Inc. v. ONEOK, Inc.

The court holds that a natural gas company must indemnify the owner of a ruptured pipeline for 50 percent of the costs it incurred cleaning up surrounding soil and groundwater and paying third-party damages to nearby property owners. Two years after the owner of the ruptured pipeline installed it, t...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due to dioxin exposure and accidental agent releases are too speculat...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess liability insurers for costs it incurred in accordance with a Compreh...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey's solid-waste flow-control laws and regulations violate the Commerce Clause of the U.S. Constitution. The court first notes that the laws and regulations are subject to strict scrutiny because the Third Circuit has already held that they discriminate against interstat...

Del Monte Dunes at Monterey, Ltd. v. Monterey, City of

The court holds that a city's denial of a developer's permit application to develop 37.6 acres of oceanfront property did not substantially advance a legitimate public purpose and denied the developer all economically viable use of its property. The developer brought a civil rights action under 42 U...

Friends of the Earth v. Crown Cent. Petroleum Corp.

The court holds that an environmental organization whose members use a lake located 18 miles and three tributaries downstream from an oil refinery lack standing to bring a Federal Water Pollution Control Act (FWPCA) citizen suit for discharge and reporting violations. The court holds that no genuine...

In re E.I. DuPont de Nemours & Co.-Benlate Litig.

The court reverses and remands a district court contempt order imposing over $114 million in sanctions against a chemical manufacturing company for violating the court's discovery orders. The district court found that the company deliberately withheld critical test documents during a trial regarding...

DRR, L.L.C. v. Sears, Roebuck & Co.

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the site. The court first holds that to succeed on its fraud claim, t...

Chemical Mfrs. Ass'n v. Department of Transp.

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper...