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Ninigret Dev. Corp. v. Narragansett Indian Wetuomuck Hous. Auth.

The court holds that a tribal court,not a federal district court, should review a development corporation's claims against a tribal housing authority concerning a tribal housing project outside of the reservation. A federal district court held that the development corporation's claims were barred be...

A.G.G. Enters., Inc. v. Washington County, Or.

The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...

Guaranty Nat'l Ins. Co. v. Azrock Indus. Inc.

The court, interpreting Texas law, holds that exposure to asbestos is the event that triggers an insurer's duty to defend in asbestos personal injury cases under a uniform comprehensive general liability policy and, therefore, reverses a district court decision holding that an insurer need not defen...

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 ...