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National Whistleblower Ctr. v. NRC

The court upholds a Nuclear Regulatory Commission (NRC) decision denying an interest group's request to intervene in a nuclear power plant's license renewal proceeding. The court first holds that the NRC properly adopted an unavoidable and extreme circumstances test, instead of a good-cause test, to...

Dureiko v. United States

The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...

Lockheed Martin Corp. v. Superior Court of San Bernardino County

The court holds that a trial court improperly certified as a class residents of a community that alleged that several manufacturers contaminated a portion of their city's groundwater. The residents sought a court-supervised medical monitoring program funded by the manufacturers and punitive damages ...

American Wildlands v. Browner

The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of several Montana water quality standards. The court first holds that the environmental organizations challenging EPA's approval have standing. The organizations' members established that they have suffered an injury-in-f...

Aluminum Co. of Am. v. Accident & Casualty Ins. Co.

The court affirms a trial court's holdings regarding insurance coverage for an aluminurn producing company for environmental damage under comprehensive general liability (CGL) policies and for property damage under differences in conditions (DIC) policies, but reverses the court's treatment of the i...

In re Patenaude

The court denies petitions brought by three groups of individuals seeking to remand their claims for personal injury and wrongful death damages due to asbestos exposure. The petitioners' claims initially were filed in Georgia, New York, and Oregon, but were transferred to a multidistrict litigation ...

Nestle USA-Beverage Div., Inc. v. Manasquan River Reg'l Sewerage Auth.

The court holds that the New Jersey Sewerage Authorities Law does not authorize a regional sewerage authority to charge a user already in the system an additional connection fee for increasing its wastewater flow. The user will pay an increased service charge based on the additional daily gallonage ...

Montclair Parkowners Ass'n v. Montclair, City of

The court holds that the federal courts can hear a trailer park association's claim that a local rent control ordinance regulating trailer parks effected an unconstitutional taking under the Fifth and Fourteenth Amendments. Because the association brought suits in federal and state court, the federa...

Karuk Tribe of Cal. v. United States

The court holds that the 1998 Hoopa-Yurok Settlement Act did not constitute a taking of Native Americans' vested property interests in the land and resources of the Hoopa Valley Indian Reservation in California. The court first holds that the Native Americans who reside on the reservation do not hav...

Kent Farms, Inc. v. Zurich Ins. Co.

The court holds that a pollution exclusion clause does not apply to a claim based on a negligence tort. A fuel delivery man brought a negligence claim against a farm after the farm's faulty underground storage tank intake valve caused the delivery man to suffer significant injuries. The court holds ...