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Pownal Dev. Corp. v. Pownal Tanning Co.

The court affirms a trial court decree allowing a developer to partially foreclose on nine parcels of land while not foreclosing on a 10th contaminated parcel. A tannery owned the land at issue and contaminated the land surrounding its mill. The mill parcel was listed as a Superfund site and underwe...

Soho Alliance v. New York City Bd. of Standards & Appeals

The court affirms the New York City Board of Standards and Appeals' (BSA's) decision to grant use variances permitting the development of two neighboring properties in a New York City historic district and to issue a negative declaration that the development did not require an environmental impact s...

Lower Elwha Band of S'Klallams v. Lummi Indian Tribe

The court holds that a 1978 case concerning Native American fishing rights in the Puget Sound intended for the Lummi Indian Tribe's usual and accustomed fishing areas to include Admiralty Inlet but not the Strait of Juan de Fuca and the mouth of the Hood Canal. In the 1978 action, the court determin...

Nebraska Pub. Power Dist. v. MidAmerican Energy Co.

The court holds that a power sale contract between an energy company and a public power district does not require the energy company to make current, nonrefundable payments of estimated decommissioning costs to the power district, but makes the energy company liable for decommissioning costs only in...

Muckleshoot Indian Tribe v. Lummi Indian Nation

The court affirms a district court decision holding that a 1978 case concerning Native American fishing rights in the Puget Sound intended for the Lummi Indian Tribe's usual and accustomed fishing areas to extend to the northern outskirts, or suburbs, of Seattle as they existed in 1974. In the 1978 ...

United States v. Kalb

The court upholds the conviction of three individuals that organized a 20,000-person event in the Allegheny National Forest without obtaining a special permit in violation of U.S. Forest Service (the Service) regulations. The court first holds that the regulations are not unconstitutionally vague be...

In re Collins

The court denies individuals' petition for a writ of mandamus directing a judicial panel on multidistrict litigation to remand the individuals' punitive damages claims for asbestos exposure for trial together with their personal injury claims. When the panel remanded the individuals' claims to the t...

State Auto Ins. Cos. v. Summy

The court vacates a district court declaratory judgment stating that a pollution exclusion clause in a landlord's insurance policy precluded coverage against a tenant's lead poisoning claim. The district court issued the judgment during the pendency of a state court action addressing the same issue....

M/G Transp. Servs., Inc. v. Water Quality Ins. Syndicate

The court upholds the dismissal of a transporter company's claim that its insurer breached its duty under a marine insurance policy to defend and indemnify the company in a qui tam action brought under the False Claims Act (FCA). The transporter was hired as a subcontractor to transport coal to the ...

Tosco Corp. v. Communities for a Better Env't

The court holds that, applying the "place of operations" test, a district court lacks federal diversity jurisdiction under 28 U.S.C. §1332 to hear a manufacturer's slander, libel, malicious prosecution, and equitable relief claims against an environmental group arising from the group's Clean Air Ac...