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<i>Lingle</i>, Etc.: The U.S. Supreme Court's 2005 Takings Trilogy

Editors' Summary: The U.S. Supreme Court ruled on three takings cases in its 2004 term: Lingle v. Chevron U.S.A., Inc.; Kelo v. City of New London; and San Remo Hotel, Ltd. Partnership v. City & County of San Francisco. In Lingle, the Court struck down the "substantially advance" test set forth in Agins v. City of Tiburon. Kelo, which gained attention from the media and public, upheld the use of eminent domain for economic development purposes. And San Remo involved a relatively straightforward procedural issue.

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges occurred when the landowner was harvesting timber and developin...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed jurisdictional status did not violate either the Safe Drinking Water Act...

Michigan v. EPA

The Seventh Circuit dismissed Michigan's petition for review of an EPA rule redesignating certain Native American lands to Class I status under the CAA's prevention of significant deterioration (PSD) program. Michigan's challenge raises some important issues about the PSD program's regulatory struct...

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...

Hormesis Revisited: New Insights Concerning the Biological Effects of Low-Dose Exposures to Toxins

One of the most fundamental tenets of toxicology is that "the dose determines the poison." This simple phrase provides the basis for the belief that all agents—chemicals and physical phenomena that are capable of producing some effect—have the potential to cause toxicity. Whether toxicity actually occurs is principally a matter of dose: the greater the exposure to a given agent, the more pronounced or severe the response of a cell or organism.

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

The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the former owners of a contaminated site in Georgia are liable for the disposal of hazardous waste at the site. A potentially responsible party (PRP) shipped containers of hazardous waste t...