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Ohio River Valley Envtl. Coalition, Inc. v. Callaghan

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...

Nelson v. Tennessee Gas Pipeline Co.

The court affirms a district court decision excluding the testimony of individuals' two expert witnesses in a suit alleging that polychlorinated biphenyl (PCB) contamination from a natural gas pumping station injured the individuals. The court first holds that under Fed. R. Evid. 702 and Daubert v. ...

Youngs v. Old Ben Coal Co.

The Seventh Circuit affirmed the dismissal of a landowner's breach of contract claim against a mining company that failed to restore the oil wells on the landowner's property after the company strip mined the property and ceased its mining activities. In 1956, the landowner purchased land, except fo...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal area and all city businesses and residents to have their waste col...

San Diego, City of v. Whitman

The court holds that a U.S. Environmental Protection Agency (EPA) letter responding to a city's request for assistance as to whether the Ocean Pollution Reduction Act's (OPRA's) conditions would apply to the city's renewal of its Clean Water Act (CWA) §301(h) modified permit for its publicly owned ...

Contract Freighters, Inc. v. J.B. Hunt Transp., Inc.

The court affirms a district court decision that a Georgia trucking company breached a contract to purchase a Missouri trucking company's terminal facility when it refused to close the sale of the facility due to diesel fuel contamination at the facility. The contract provided that if an environment...

Moore v. Texaco, Inc.

The court affirms a district court grant of summary judgment to an oil company that a property owner had sued for damage caused to his land by oil spills that the company allegedly caused. The company owned the land at issue, which it used as an oil tank farm, until 1955 when it sold it to the curre...

National Tel. Coop. Ass'n v. Exxon Mobil Corp.

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner. The station performed the remediation pursuant to its corrective ...

Bath Iron Works Corp. v. Director

The court holds that an administrative law judge (ALJ) properly reallocated responsibility for paying a pipefitter's medical and disability payments from an insurance company to the pipefitter's employer. The pipefitter was awarded medical benefits in 1991 for multiple, work-related diseases, and hi...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...