The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to nuclear fuel rods caused the deceased's death. The family of the...

The court holds that the Nuclear Regulatory Commission's (NRC's) regulatory definition of the term "meeting" for purposes of the Government in the Sunshine Act neither conflicts with nor undermines the Sunshine Act. An environmental group alleged that NRC's regulation is fundamentally inconsistent w...

The court holds that a magistrate judge properly granted summary judgment to a cleaning solvent manufacturer whose product allegedly caused an apparatus cleaner to suffer from chest pain, burning in his lungs, and shortness of breath. The court first holds that the magistrate judge's decision to den...

The court holds that a development company whose request for a dredging permit to develop boat slips at a marina was denied did not suffer a regulatory taking. The state environmental agency had granted the company permits for 201 boat slips, but denied a permit to build an additional 71 slips. The ...

The court holds that a trial court improperly excluded evidence central to a wool processing mill owner's case against the Finance Authority of Maine (FAME) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and contract law and, therefore, vacates and remands t...

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought contribution for a settlement agreement resolving third-party personal injury and property damage claims arising...

The court upholds the dismissal of a property developer's breach of contract and willful and wanton misconduct claims against its partner for contaminating previously uncontaminated soil on property they sought to redevelop. The developer claimed that by contaminating uncontaminated soil, the partne...

The court holds that a city council, pursuant to a legislative investigation of toxic contamination of groundwater, may issue subpoenas to insurers in order to obtain information relating to liability insurance coverage and claims concerning parties believed to be legally responsible for the contami...

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh in Terrebone Parrish, Louisiana. The owners of the marsh filed suit against th...

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the policy period even though the insured did not purchase the contam...