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Carpenter Technology Corp. v. Bridgeport, City of

The court holds that a district court abused its discretion in denying a landowner's motion for a preliminary injunction to prevent the taking of its property by a local port authority. The district court denied the landowner's motion for a preliminary injunction because it failed to show a threat o...

Goshen Rd. Envtl. Action Team v. Department of Agric.

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...

Chenoweth v. Clinton

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing the Executive Order, the president denied them their proper rol...

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands facilities. The manufacturer acquired the two facilities from s...

Dexter v. Cosan Chem. Corp.

The court holds that a chemical company produced sufficient evidence to create a genuine issue of material fact as to the existence and terms of a lost insurance policy. The company submitted its claim for defense and indemnity costs incurred in connection with the remediation of contamination at th...

Boothbay, Town of v. Getty Oil Co.

The court holds that under Maine law, the doctrine of res judicata bars a town from suing a gasoline company for environmental damage affecting the town's water supply insofar as the state previously litigated and settled claims against the same company for the same environmental damage. The court f...

Fiore v. White

The Court certifies to the Pennsylvania Supreme Court the question of whether it either correctly applied Pennsylvania's hazardous waste law or changed the application of the law when it held in Commonwealth v. Scarpone, 535 Pa. 273 (1993), that a hazardous waste facility operator holding a permit c...

Brown v. United States

The court holds time barred Native Americans' claims that the United States breached its fiduciary duties in connection with the administration of a tribal land lease. The court first holds that the six-year statute of limitations pertaining to the claim that the government failed to determine that ...

Boise Cascade Corp. v. State

The court reverses and remands a jury verdict awarding damages to a logging company that alleged that the state caused a temporary taking by refusing to permit logging on a parcel of the company's property on which a pair of northern spotted owls were nesting. The court first holds that because of t...

Bonnie Briar Syndicate, Inc. v. Mamaroneck, Town of

The court holds that a town's decision to rezone a landowner's property from residential to solely recreational use did not constitute a regulatory taking under the Fifth and Fourteenth Amendments to the U.S. Constitution. The court first rejects the landowner's contention that the town must demonst...