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Covanta Onondaga Ltd. v. Onondaga County Resource Recovery Agency

The court abstains from hearing a breach of contract claim between a bankrupt company and a county resource recovery agency. The company and the agency entered into a solid waste disposal agreement, which included a bond requirement that if the bond fell below investment rating, the company had 30 d...

El Paso Refinery, Ltd. Partnership v. TRMI Holdings, Inc.

The court affirms a district court decision allocating liability among past and present owners for contamination at an oil refinery site. The refinery was built in 1929 by a gasoline company. In 1984 it was spun off to a wholly owned subsidiary of the company that agreed to assume all responsibility...

Southern Utah Wilderness Alliance v. Norton

The court reverses and remands a district court decision holding that it lacked subject matter jurisdiction to review an environmental group's claims that the Bureau of Land Management (BLM) violated the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) ...

Tacoma Promenade v. Tacoma, City of

The court affirms a district court holding that a city did not breach a contract with a developer by failing to obtain the wetlands permits necessary for the development of an apartment complex and shopping center. The court first holds that nothing in the contract obligated the city to obtain the w...

Dow Chem. Co. v. Fireman's Fund Ins. Co.

The court holds that insurance companies may have a duty to indemnify a chemical company that was sued by municipalities for groundwater contamination. The insurance companies provided the chemical company with comprehensive general liability coverage from 1956 through 1976 under a series of six pol...

New York Pub. Interest Research Group v. Whitman

The court holds that it lacked power under the Clean Air Act (CAA) to grant an environmental group's request to compel the U.S. Environmental Protection Agency (EPA) to disclose information addressing EPA's nationwide administration of CAA petitions. The group submitted petitions under the CAA to EP...

United States v. Caterpillar, Inc.

The court denies heavy-duty diesel engine manufacturers' motions to modify consent decrees they entered into with the U.S. Environmental Protection Agency (EPA) to settle claims that they violated the Clean Air Act and its implementing regulations by selling engines that emitted excess pollution and...

Andrews v. Holly Township

The court holds that it must abstain from hearing a case brought by property owners who claimed that a county ordinance making the lake on which their property sits a "no wake" lake is invalid under the Michigan Natural Resources and Environmental Protection Act (NREPA) and constitutes a taking in v...

Francolino v. Kuhlman

The court denies a petition for habeas corpus relief submitted by an individual who was convicted for a variety of charges stemming from his involvement in a private waste disposal cartel. The individual argued that he was denied his due process rights by the prosecutor's alleged selection of the ju...