The court holds on motions for summary judgment that a manufacturer and a newspaper company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for allowing a landowner to dispose of their waste on his property without a permit. The court first holds t...
The court reverses a district court order awarding landowners $1,083,585 following a jury verdict insofar as that amount was based on the landowners' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against a copier refurbisher, but upholds the award insofar as i...
The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...
The court upholds a district court decision finding the neighbor of a food manufacturing facility 100% liable under the Comprehensive Environmental Response, Compensation, and Liability Act for contaminating the facility's property. The court first holds that no genuine issue existed as to whether t...
The court affirms a district court order that dismissed a current property owner's contracts, implied covenant of good faith, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against the previous owner. Before selling the property to the current owner in 1985...
The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...
There has been a great deal of federal-state conflict, termed the "Seaweed Rebellion," regarding the development of outer continental shelf (OCS) oil and gas resources. The crux of the conflict is that the benefits of OCS energy development are national, while the impacts are regional. One of the main issues of contention is the distribution and control of the revenues derived from OCS energy development. Presently, most of the revenues are deposited into the U.S. Treasury and utilized to pay for federal programs and deficit reduction.
Over the past 50 years, all 50 States and over 500 municipalities have enacted laws to encourage or require the preservation of buildings and areas with historic or aesthetic importance. These nationwide legislative efforts have been precipitated by two concerns. The first is recognition that, in recent years, large numbers of historic structures, landmarks, and areas have been destroyed without adequate consideration of either the values represented therein or the possibility of preserving the destroyed properties for use in economically productive ways.
The economic success of the United States over the past century has prompted observers around the world to look to it for lessons on stimulating growth. Compared with many countries, the United States is plainly doing something right in terms of fostering the energies of its people. One cause of U.S. success has been the fertile land of central North America, and no study can overlook that unearned natural blessing. Still, American culture and its many institutions have played chief roles in the nation's cornucopia.
Protecting healthy watersheds and restoring degraded ones is one of this country's major unmet environmental challenges. Because watersheds do not respect political boundaries, effective watershed conservation will require cooperation and coordination among all levels of government, including local units. Watershed conservation is one of the increasingly significant environmental protection roles local governments are playing for a variety of reasons, ranging from choice to coercion.