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Red Arrow Prods. Co. v. Employers Ins. of Wausau

The court holds that an insurer need not indemnify or defend a food flavoring company under insurance policies issued to the company's predecessor for claims arising out of the company's liability at a national priorities list site. The court first declines the company's request to utilize the fairl...

Northern States Power Co. v. National Gas Co.

The court upholds a contract between a gasoline corporation and the owner of a mobile home park in Shelby, Wisconsin, that requires the residents of the park to purchase their propane and natural gas from the corporation at its customary rates. A public utility filed suit against the corporation, cl...

Wyoming Timber Indus. Ass'n v. U.S. Forest Serv.

The court holds that a timber association lacks standing under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) to challenge the U.S. Forest Service's promulgation of an interim final rule that suspends road construction decisionmaking for 18 months in certa...

Acuna v. Brown & Root Inc.

The court holds that the Price-Anderson Act conferred federal jurisdiction on a district court in a removal action where individuals alleged tortious injury arising from uranium mining. In two separate class action suits, over 1,000 individuals alleged personal injury and property damage arising fro...

Martin v. Federal Energy Regulatory Comm'n

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

Black v. Arthur

The court holds that a U.S. Forest Service regulation governing special use permits for gatherings of 75 people or more does not violate the U.S. Constitution. The court first holds that the regulation constitutes neither a facially invalid prior restraint nor a facially invalid time, place, or mann...

Dodge v. Cotter Corp.

The court holds that a district court incorrectly applied the doctrine of offensive collateral estoppel, thereby precluding the owner of a uranium mill from litigating the issue of negligence, in a case brought by a group of nearby residents who claimed that the owner's negligent operation of the mi...

Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc.

The court holds that a gasoline distributor is not liable for groundwater contamination caused by a service station's leaking underground storage tanks (USTs). The owner of property adjacent to the service station filed suit against the distributor after settling with the service station for groundw...

TIG Ins. Co. v. MECO Constructors, Inc.

The court holds that an insurer has no duty to insure or indemnify a construction company being sued as a third-party defendant for disposing of toxic and/or hazardous waste. The court first holds that it need not choose between the laws of New Jersey and Pennsylvania because the result is the same ...

Banning v. State Dep't of Fish & Wildlife

The court holds that property owners who built unpermitted structures on a county's right-of-way so that they could access adjacent tidelands did not hold property rights in the structures and could not seek compensation under the state constitution, the U.S. Constitution, or state limited access fa...