The court affirmed in part and reversed in part a lower court decision dismissing homeowners' suit against a former landowner for allegedly dumping hazardous waste on the property before selling it to a developer. The homeowners failed to plead fraud with sufficient particularity, and the lower cour...

The court held that Texas is a suitable alternative forum for a family's California survival and wrongful death action against a chemical manufacturer in a case involving their husband and father who contracted fatal leukemia due to his alleged exposure to chemicals in both California and Texas. The...

The court reversed an award of costs that a lower court made to an irrigation district after denying farmers' petition for a writ of mandate to enforce the California Environmental Quality Act with respect to a proposal to construct high-voltage electricity transmission lines across the farmers' pro...

The court held that the Bureau of Land Management’s (BLM’s) environmental assessment (EA) for a logging project in Oregon violated the National Environmental Policy Act and that the lower court erred in dismissing the case as moot. Although the harvested trees cannot be restored, harm to old gro...

The court dismissed individuals' claims for personal injuries and property damage against a company that contracted with an oil and gas corporation that engaged in radioactive tracer "fracing" near the individuals' property in the early 1990s. The individuals claimed that the fracing contaminated th...

The court reversed and remanded a lower court decision dismissing a property owner's claims against the former tenants and operators of a gas station in New Jersey and two oil companies that supplied gasoline to the site. There were issues of material fact as to whether delivery spills and overfills...

The court vacated and remanded a lower court's grant of summary judgment in favor of an insurance company in a case involving building damage caused by particulate matter emanating from the collapse of the World Trade Center Towers. The insurer denied the claim under the insurance policy's contamina...

The court cut nearly in half the $4.5 billion punitive damages award against Exxon Mobil in connection with its 1989 oil spill in Prince William Sound, Alaska. The ratio of punitive damages to actual economic harm resulting from the spill exceeded by a material factor the ratio that would be appropr...

The court upheld a tax court's decision that taxpayers' conservation easements were qualified contributions under I.R.C. §170(h)(1). The Internal Revenue Service argued that the taxpayers were not entitled to deductions for the two easements because they did not qualify as "qualified conservati...

An appellate court reversed a lower court decision holding that insurers need not indemnify the state for damage caused to third parties due to the discharge of pollutants from the Stringfellow Acid Pits waste disposal site. The trial court granted summary judgment in favor of the insurers based on ...