The court affirms a magistrate judge's decision awarding an oil transporter $90,766 for damages arising from hazardous sludge loaded onto the transporter's barge by the seller of spent lube oil. The seller contracted with the transporter to carry 18,000 barrels of spent lube oil. The seller did not ...
The court holds that intervenors may not be granted a writ of mandamus directing a trial court to allow them to appear at a fairness hearing and object to a proposed class action settlement agreement between class members and a company that allegedly contaminated the class members' riparian property...
The court upholds a district court decision dismissing a pesticide manufacturer's malicious prosecution claim against an agent of the New York State environmental agency and dismissing its claim that the agency's use of administrative conservation appearance tickets (ACATs) is unconstitutional. Afte...
The court holds that the standard for admissibility of novel scientific evidence set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and State v. Mack, 292 N.W.2d 764 (Minn. 1980), rather than the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 23 ELR ...
The court holds that a Native American tribe in California cannot regulate land use of fee-patented private property within its reservation boundary. A nonmember of the tribe that owned her land in fee sought to harvest timber. After receiving a state logging permit, the property owner sent a check ...
The court affirms in part and reverses in part a mining union's claim that the state of Utah breached a trust created for the establishment of a hospital for disabled miners by using the trust to construct a rehabilitation center for the general public. The court first holds that the Utah Enabling A...
The court holds that a gambling machine, known as the Lucky Tab II, used on Native American lands should be classified under the Indian Gaming Regulatory Act (IGRA) as a Class II aid, the use of which does not require a Native American tribe to first obtain state approval in a tribal-state compact. ...
The court holds that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority's housing complex. The court holds that the pollution exclusion ...
The 1990s mark the end of an era when pitched legislative battles can lead to either sound or timely public policy. Rather, the formulation of consensus by a critical mass of private-sector stakeholders is the only way to achieve the timely reauthorization of Superfund and may be the best (if not the only) way to break the gridlock that paralyzes other legislative debates.
Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal and state hazardous waste laws. RCRA is one such law; however, RCRA §7002 does not explicitly provide for recovery of damages. A court faced with a RCRA §7002 citizen suit to recover cleanup costs must imply a private cause of action for damages. This Article addresses the availability of a private cause of action for damages under RCRA §7002.