The court holds that a state could be held negligent for failing to remove underwater debris that injured a swimmer even though the state environmental agency never formally designated for swimming the beach where the swimmer was injured. The court first holds that a formal designation of a beach as...
The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court first holds that the landowner's claim is not ripe for review. Alt...
The court upholds a Federal Energy Regulatory Commission (FERC) order and denies a gas pipeline operator's petition to review FERC's decision not to hold a comparative hearing before permitting a competitor of the operator to build and operate a natural gas pipeline, and further holds that the opera...
The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...
The court holds that a hog producer lacks standing to challenge a Monroe County, Mississippi, ordinance regulating new and expanding swine farming in the county. The hog producer purchases hogs from smaller independent farms in order to fill one of its contracts. Because the ordinance prevents the f...
The court, applying Colorado law, reverses a district court decision holding that the pollution exclusion clause in one of two insurance policies held by a Colorado sanitation district precluded an insurer from having to defend the district against a Clean Water Act citizen suit arising from the dis...
The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by the Central Interstate Low-Level Radioactive Waste Commission. ...
The court upholds the dismissal of an aluminum corporation's suit seeking liability coverage from insurers for remediation costs due to cyanide contamination of groundwater at its Hannibal, Ohio, plant because of the corporation's untimely notice to its insurers. The court first holds that the trial...
The court holds that a tribal court,not a federal district court, should review a development corporation's claims against a tribal housing authority concerning a tribal housing project outside of the reservation. A federal district court held that the development corporation's claims were barred be...
The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...