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Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...

Nautilus Ins. Co. v. Jabar

The court upholds the granting of summary judgment to an insured based on the ambiguity of terms used in the total pollution exclusion clause in the insurance policy. The court first holds that the total pollution exclusion clause is ambiguous as applied to the claim in question because an ordinaril...

Yankton Sioux Tribe v. Gaffey

The court holds that the Yankton Sioux Tribe of South Dakota does not have tribal jurisdiction over reservation lands that fell out of U.S. government trust and eventually passed to non-Native Americans. An 1894 Act of Congress ceded certain reservation lands to the United States in trust for the tr...

Mancuso v. Consolidated Edison Co. of N.Y.

The court dismisses a family's Federal Water Pollution Control Act and state-law actions against an electric power station for personal injuries that the family allegedly suffered due to polychlorinated biphenyl (PCB) contamination at a marina owned and lived in by the family. The court first holds ...

Southwest Ctr. for Biological Diversity v. Clark

The court holds that environmental groups have standing to bring suit against the U.S. Department of the Interior (DOI) for failing to redesignate critical habitat for the spikedace and loach minnow even though the groups' members cannot see and are unable to distinguish the fish in their natural ha...

Klamath Water Users Protective Ass'n v. Department of the Interior

The court reverses a district court decision that documents submitted by Native American tribes at the request of the U.S. Department of the Interior (DOI) in the course of consultation over ongoing proceedings involving water rights and allocations affecting the tribes' interests are exempt under t...

United Waste Sys. of Iowa, Inc. v. Wilson

The court holds that Iowa's solid waste disposal program does not violate the federal Commerce Clause. The state program forbids garbage haulers from transporting a county's or city's waste to a facility not designated in that county's or city's comprehensive waste management plan. The court first h...

Waste Management Holdings, Inc. v. Gilmore

The court holds that waste management companies that own landfills in Virginia may bring suit to enjoin the enforcement of several recently enacted state statutes aimed at curtailing the flow of out-of-state municipal solid waste into the state. Landfills, which are privately operated under contract...

Hill v. Conway, Town of

The court affirms a district court dismissal of a property owner's 42 U.S.C. §1983 suit, which alleged a New Hampshire town effectuated an uncompensated taking of the owner's property, for lack of subject matter jurisdiction. Before seeking relief in federal court, the owner initiated two lawsuits ...

Royal Ins. Co. of Am. v. Kirksville College of Osteopathic Med.

Applying Missouri law, the court holds that insurers had a duty to defend a college in a trespass claim against its neighbor. The neighbor filed negligence and trespass claims against the college after the college punctured an underground storage tank on the neighbor's property. The court first hold...