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Carmel-by-the-Sea, City of v. Department of Transp.

The court holds that most of the final environmental impact statement (EIS) for a proposed highway realignment through Hatton Canyon near Carmel-by-the-Sea in California satisfies the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The court then address...

Brace v. United States

The court denies the federal government's motion for summary judgment in a case where a farmer alleged that the government took his property without just compensation by ordering the farmer to cease operation of a drainage system and restore his property to its prior condition as wetlands. The court...

Citizen Potawatomi Nation v. Norton

The court affirms a district court's dismissal for failure to join indispensable parties to a Native American tribe's claims challenging the U.S. Department of the Interior's (DOI's) methods for calculating funding the tribe receives under its tribal self-governance compact. In 1988, the tribe enter...

Minnesota Ctr. for Envtl. Advocacy v. Holsten

A Minnesota appellate court upheld an EIS for a steel plant against claims that it failed to address the impact of greenhouse gas emissions, climate change, and power generation. The environmental group's claims that the state environmental agency failed to consider the impacts of greenhouse gas emi...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

A district court held that evidence of an oil company's conduct presented at a trial concerning methyl tertiary butyl ether (MTBE) groundwater contamination in New York is insufficient as a matter of law to establish the degree of maliciousness, recklessness, or wanton conduct to support an award of...

Harrison v. Skyline Corp.

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer. The owners, who began experiencing various health problems after living in the home for six years, ...

Narragansett Elec. Co. v. EPA

The First Circuit held that it lacked jurisdiction over an electric company's challenge to a U.S. Environmental Protection Agency (EPA) determination that ferric ferrocyanide is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Ferric fer...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...

Donahey v. Bogle

The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first holds that the owners' of the contaminated site may not be awarde...

Cooper Indus., Inc. v. Agway, Inc.

The court holds that a manufacturer is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for dumping scrap steel and aluminum at a Superfund site. The court also grants another company's motion to certify for interlocutory appeal wheth...