The court, in a matter of first impression, held that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act) for damages for the "loss of use" of natural resources adversely affected by its discharge of hazardous substances. The case arose after the stat...

A Minnesota appellate court held that an insurance company had no duty to defend or indemnify a pig owner in an underlying lawsuit brought by his neighbor claiming injury and damage from manure odors. The neighbor's complaint fell squarely within the insurance policy's pollution exclusion, which onl...

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions denying a city's plea to jurisdiction in a case involving dispute...

The Ninth Circuit upheld a lower court decision invalidating U.S. Forest Service regulations governing the review of decisions implementing forest plans, but remanded the court's judgment with respect to the remaining challenged regulations on ripeness grounds. Only two of the regulations, 36 C.F.R....

The court held that the lower court erred in granting a petition to annul a city's determination denying a church a full exemption from water and sewer charges. The lower court granted the petition without first affording the city an opportunity to answer. Accordingly, the case was remanded for furt...

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm. Here, the mechanic's expert testified that brake mechanics cou...

The court upheld the dismissal of a property owner's negligent misrepresentation claim against an environmental assessment (EA) company that failed to reveal the full extent of contamination of the owner's land. The owner purchased the property in 1990 after receiving the company's assessment report...

The Supreme Court of New Jersey held that the New Jersey Constitution authorizes government redevelopment of "blighted areas" only. The case arose after a town classified a 63-acre parcel of largely vacant wetlands as "not fully productive." This classification rendered it "in need of redevelopment"...

The court, on remand from the U.S. Supreme Court, affirmed a lower court judgment in favor of the U.S. government but vacated judgment in favor of an individual who filed a qui tam action against a nuclear weapons plant for pollution, environmental law violations, and breach of contract claims. The ...

The court vacated a lower court decision in favor of the U.S. government in their suit seeking to enjoin enforcement of a Massachusetts law designed to reduce the risk of maritime oil spills and to ensure that adequate resources are available to remedy such spills. The U.S. government filed suit aga...