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Chemical Waste Management, Inc. v. Hunt

The Court holds that an Alabama act that imposes a disposal fee on hazardous wastes generated outside the state, but not on hazardous wastes from sources within Alabama, violates the Commerce Clause of the U.S. Constitution. The operator of a commercial hazardous waste landfill in Alabama, which is ...

Gopher Oil Co. v. Union Oil Co. of Cal.

The court holds that a vendor of property contaminated by petroleum products fraudulently misrepresented the property's contamination to the purchaser, and the vendor is 100 percent liable for cleanup costs. The court first holds that the vendor failed to make a timely objection to the jury instruct...

Hartford Accident & Indem. Co. v. U.S. Fidelity & Guar. Co.

The court, in a case of first impression under Utah law, holds that the "sudden and accidental" phrase in a comprehensive general liability policy pollution exclusion clause means abrupt or quick and unexpected or unintentional. An insurer denied indemnification to a natural gas company for continuo...

Enfield v. Atlantic Richfield Co.

The court holds that landowners' complaint, which alleges that they were required to hire experts to test, evaluate, and develop a cleanup plan for pollution on their property caused by an oil company, states a claim for mitigation damages, not an impermissible claim for litigation damages. The cour...

Chemical Waste Management, Inc. v. Templet

The court upholds a district court ruling that Louisiana statutes banning the import of hazardous waste from foreign countries violate the Commerce Clause of the U.S. Constitution. The court holds that it must affirm the district court's decision in light of the U.S. Supreme Court's 1992 decision in...

Government Suppliers Consolidating Servs. v. Bayh

The court rules that Indiana waste transportation and disposal laws that impose restrictions on fleet dedication, backhauling, vehicle registration, bonding, and fees to discourage disposal of out-of-state solid waste violate the Commerce Clause of the U.S. Constitution. Indiana enacted these restri...

Hammond v. Madera, County of

The court holds that a California county, as a public entity and holder of the power of eminent domain, did not act in good faith when it entered private property to build improvements and thus must fully compensate the landowners for its own improvements. The court first concludes that the inapplic...

Foundation on Economic Trends v. Watkins

The court holds that two nonprofit organizations and an individual author lack standing to challenge the alleged failure of the Secretaries of Energy, Agriculture, and the Interior to comply with the National Environmental Policy Act (NEPA) in authorizing, implementing, funding, or participating in ...

Atlantic States Legal Found. v. Universal Tool & Stamping Co.

The court holds that the reasonable market rate for attorneys in the northern district of Indiana applies in determining an attorney fees award in a Federal Water Pollution Control Act citizen suit brought in Indiana, because the court must look to the rate charged by attorneys of similar skill and ...

Bowman v. Franklin, City of

The court dismisses claims by property owners under 42 U.S.C. §§1983 and 1985 against a city, a waste management company, and a construction company for injunctive relief and monetary damages, based on alleged violations of civil rights guaranteed by the Fifth and Fourteenth Amendments of the U.S....