The court affirms a district court ruling that an oil company that operated a service station on leased property was liable to the lessor for all damages caused by a leaking underground storage tank, including the lessor's inability to sell or lease the property immediately surrounding the leased pr...
The court holds that a waste haulers association has standing to assert a U.S. Commerce Clause claim against a district waste authority for enacting a system of flow control ordinances that captured the district's generated waste in order to finance a trash-to-steam facility. Under the system, haule...
The court denies a county board of commissioners' petition to compel the Ohio environmental agency to disclose records designated as trade secrets that the agency received from a hazardous waste facility. The court first holds that oral argument is not warranted here because the parties' briefs are ...
The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...
The court holds that a state could be held negligent for failing to remove underwater debris that injured a swimmer even though the state environmental agency never formally designated for swimming the beach where the swimmer was injured. The court first holds that a formal designation of a beach as...
The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court first holds that the landowner's claim is not ripe for review. Alt...
The court upholds a Federal Energy Regulatory Commission (FERC) order and denies a gas pipeline operator's petition to review FERC's decision not to hold a comparative hearing before permitting a competitor of the operator to build and operate a natural gas pipeline, and further holds that the opera...
The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...
The court holds that a hog producer lacks standing to challenge a Monroe County, Mississippi, ordinance regulating new and expanding swine farming in the county. The hog producer purchases hogs from smaller independent farms in order to fill one of its contracts. Because the ordinance prevents the f...
The court, applying Colorado law, reverses a district court decision holding that the pollution exclusion clause in one of two insurance policies held by a Colorado sanitation district precluded an insurer from having to defend the district against a Clean Water Act citizen suit arising from the dis...