The court affirms in part and reverses in part various rulings made by a district court resolving the claims and counterclaims of a lessee and three lessors of several oil and gas leases in Huerfano County, Colorado. The lessors' general claim was that the lessee breached the lease agreements by und...
The court upholds the validity of an Ohio state regulation that requires owners and operators of underground storage tanks (USTs) who wish to receive compensation from the state's UST fund to submit an eligibility application to the state UST compensation board within one year of the date that an ac...
The court holds that an insurer had no duty to defend a cement manufacturer in a suit brought by property owners and individuals alleging damages caused by the manufacturer's emissions. The manufacturer's insurance policy includes an absolute pollution exclusion clause that provides that the policy ...
The court dismisses a property owner's complaint alleging that a New York City watershed memorandum of agreement (MOA) and its regulations violated the U.S. Constitution, the state constitution, and state statutory and common law. The court first holds that the owner's claims that the MOA and its re...
The court holds that a sanitation company that successfully challenged a city's waste hauler ordinance under the dormant Commerce Clause should be awarded $29,720.20 in attorney fees and expenses. The company sought $42,285.75 in attorney fees and $2,091.41 in expenses. Although the company argued t...
The court upholds a jury verdict awarding punitive damages to three individuals who suffered injuries after the employee of a pest control company sprayed toxic pesticides in the individuals' workplace while they were working. Under New Mexico law, punitive damages may be imposed on an employer for ...
The court reverses a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held...
The court affirms a district court decision that a river water users association neither breached a "no protest" clause in a contract with a second river water users association nor breached the implied covenant of good faith and fair dealing when it entered the contract. The contract resolved a dec...
The court vacates and remands a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the National Forest Management Act (NFMA). Because the NFMA does not provide for judicial review, the Adminis...
The court reverses the state environmental department's disapproval of a groundwater contamination plan submitted by an electrical manufacturer. The state agency required the electrical manufacturer to use state groundwater quality standards (GWQS) and technical rules as minimum remediation standard...