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Monarch Tile, Inc. v. Florence, City of

The court holds that a city holding a security interest in property for the purpose of securing repayment of development bonds, which financed acquisition of the property, qualifies for a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §101(20)(A) secured creditor exc...

Akiak Native Community v. U.S. Postal Serv.

The court holds that the U.S. Postal Service did not violate either the Coastal Zone Management Act (CZMA) or the National Environmental Policy Act (NEPA) when it proposed an experimental program that delivers nonpriority mail by surface hovercraft instead of fixed-wing aircraft to eight remote Alas...

Tosco Corp. v. Koch Indus., Inc.

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable under the Comprehensive Environmental Response, Compensation, and Liability Act for 15% of all past and f...

Mobil Oil Exploration & Producing SE, Inc. v. United States

The Court reverses the Federal Circuit and holds that the United States breached its contracts with two oil companies when, acting under the Outer Banks Protection Act (OBPA), it delayed approval of the companies' exploration plan. The companies paid the government $158 million in return for contrac...

Illinois v. Grigoleit Co.

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...

Hoosier Envtl. Council, Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate a riverboat gambling facility on the Ohio River in Indiana. The court first holds that the Corps proper...

Save Our Wetlands v. Conner

The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) or act arbitrarily or capriciously in granting a developer a permit to fill wetlands abutting Lake Ponchatrain in Louisiana without first preparing an environmental impact statement (EI...

Gussack Realty Co. v. Xerox Corp.

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...

Wetlands Action Network v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it issued a permit to a developer that planned to fill wetlands for a mixed use development project in Los Angeles County, California, and, therefore, vacated a district court's in...

Johnson v. James Langley Operating Co.

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...