The court holds that a real estate developer, who alleges that the U.S. Army Corps of Engineers' denial of a permit to build a levee effected a taking in violation of the Fifth Amendment, failed to file suit within the statute-of-limitations period. The court first holds that under the circumstances...

The court holds that the issue of whether a six-year statute of limitations for actions brought by the United States applies to Minerals Management Service (MMS) administrative orders to pay oil and gas royalties is moot. The MMS issued an order on May 17, 1994, finding that an oil company's predece...

The court holds that a general liability insurance policy's pollution exclusion clause does not bar coverage for losses resulting from the addition of a foreign substance to crude oil travelling through a pipeline. An oil company that settled a claim made by a refinery due to an explosion caused by ...

The court holds that the owners of royalty interests in federal oil and gas leases are not entitled to royalty payments from their lessee. During ongoing title disputes over mineral patent rights between the federal government and several private parties, the lessee acquired both federal and private...

The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first holds that the lessor's claim for economic losses and property damages under the Minnesota Environmental Res...

The court affirms a jury verdict in favor of defendants, a gas station and an environmental consulting group, in a suit alleging property damage from a trespassing and leaking underground gasoline storage tank the consultants failed to discover. The consulting group was hired to perform an environme...

The court holds that the Bureau of Land Management's (BLM's) failure to prevent livestock from trespassing on public lands over which a rancher held grazing permits does not constitute a Fifth Amendment taking or a breach of contract. The case arose out of BLM's failure to fully enforce an injunctio...

The court holds that under Connecticut law, an insurer has no duty to defend a wallpaper manufacturer against Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) claims that fall within the scope of the pollution exclusion clause of the manufacturer's comprehensive genera...

The court holds that the pollution exclusion clauses contained in two insurance policies preclude coverage for a large trichloroethylene (TCE) spill at a heating and air conditioning equipment manufacturer's plant. The spill occurred after TCE in a degreasing tank overflowed and spilled into a drain...

The court affirms a district court holding that, under the National Environmental Policy Act (NEPA), an interagency Port-Orford cedar (POC) management program prepared by the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) was not a final agency action that requir...