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Kemper Prime Indus. Partners v. Montgomery Watson Ams., Inc.

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and contractual indemnification claims against the former managing partner of an industrial corporat...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds moot a neighborhood association's claim that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it issued a permit for the construction of a retail development. The court first holds that the association's original requests for relief in this action ...

Waterville Indus., Inc. v. Finance Auth. of Me.

The court holds that a trial court improperly excluded evidence central to a wool processing mill owner's case against the Finance Authority of Maine (FAME) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and contract law and, therefore, vacates and remands t...

Kittay v. Giuliani

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...

Montgomery v. Carter County, Tenn.

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...

Wiwa v. Royal Dutch Petroleum Co.

The court upholds in part and reverses in part a district court dismissal on forum non conveniens grounds of individuals' Alien Tort Claims Act (ATCA) suit alleging that a foreign oil company participated in human rights violations in Nigeria. The court first holds that the district court properly h...

Milligan v. Red Oak, Iowa, City of

The court affirms the dismissal of a hog farmer's complaint that alleged a taking of property by an Iowa city in violation of the Public Use Clauses of the U.S. and Iowa Constitutions. The farmer intended to use land bordering an airport for a hog manure lagoon. The city opposed the lagoon and recei...

Anderson v. Babbitt

The court holds that the exhaustion requirements of 43 C.F.R. §4.21(c) do not bar a district court from considering a colorable due process challenge to the procedures followed by the administrative law judge (ALJ) and the Interior Board of Indian Appeals (IBIA) in a pending Indian probate proceedi...

Environmental Defense Fund v. Alexander

The court refuses to enjoin continued construction of the Tennessee-Tombigbee Waterway and rules that plaintiffs are barred by res judicata and collateral estoppel from challenging defendants for alleged violations of the National Environmental Policy Act (NEPA), the Fish and Wildlife Coordination A...

Foundation on Economic Trends v. Watkins

The court holds that two nonprofit organizations and an individual author lack standing to challenge the alleged failure of the Secretaries of Energy, Agriculture, and the Interior to comply with the National Environmental Policy Act (NEPA) in authorizing, implementing, funding, or participating in ...