The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that ...

The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...

The court holds that claim preclusion bars an individual's Clean Water Act (CWA) §§402 and 404 suit against a state and state employees for removal of a dam. In state court, the individual challenged the state environmental agency's decision to remove the dam and claimed that remedial steps should...

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and contractual indemnification claims against the former managing partner of an industrial corporat...

The court upholds a magistrate judge decision that later settling insurers are not obligated to contribute to defense costs paid by insurers that settled earlier with an insured manufacturer involved in asbestos litigation. The court first holds that the magistrate judge incorrectly held that later ...

The court holds moot a neighborhood association's claim that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it issued a permit for the construction of a retail development. The court first holds that the association's original requests for relief in this action ...

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 ...