The court holds that the owner of a manufacturing facility is not liable for negligent trespass or nuisance in connection with contamination of neighboring landowners' groundwater with trichloroethane (TCA). The court dismissed the landowners' claims arising out of trichloroethylene (TCE) contaminat...

The court remands the question whether a South Carolina statutory cap on in-state commercial incineration of infectious waste violates the U.S. Constitution's Commerce Clause for further proceedings on whether the state legislature enacted it for a discriminatory purpose and whether the statute disc...

The court holds that for purposes of allowing additional limited discovery to supplement the administrative record, an action challenging the U.S. Forest Service's decision to renew a grazing permit in the Little Badger Allotment of the Lewis and Clark National Forest falls within the exceptions to ...

The court affirms a district court order directing the federal government to allow two state agencies access to documents they produced pursuant to grand jury subpoenas in the federal government's investigation of a company that allegedly violated environmental requirements while constructing a natu...

The court holds that Arizona and an Arizona county may intervene as of right in the injunctive relief portion of an action alleging that the U.S. Forest Service (Forest Service) violated the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA) in managing northern g...

The court reverses and remands district court judgments that applied the incorrect legal standard concerning challenges under the dormant Commerce Clause to two Pennsylvania counties' solid waste flow-control plans, which generally require waste haulers to dispose of solid waste generated within the...

Applying Illinois law, the court holds that insurers of a dissolved corporation that was party to a consent judgment as a defendant in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action must respond to plaintiffs' garnishment requests, even though t...

The court holds that plaintiffs in a toxic tort case were not entitled at trial to be certified as a class for medical monitoring, to depose an attorney for the defendant uranium mill, or to present evidence of their fear of contracting disease, and that the trial court properly refused to pierce th...

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no express warranties as to the condition of the property, and a rid...

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...