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Integrated Waste Servs., Inc. v. Akzo Nobel Salt, Inc.

The court holds that the owner of a salt mine is not liable to the owners of the surface estate for damage that the mine suffered during a collapse and innundation, but may be liable for damages caused by subsidence of the surface estate. The court previously held that the surface owners had a rever...

Voorhees, Township of v. New Jersey Dep't of Envtl. Protection

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the Act. The court holds that the town is not an "owner" of the lan...

Lhotka v. United States

The court holds that landowners presented a prima facie case of trespass and nuisance against the U.S. Fish and Wildlife Service (FWS) for exceeding the scope of a wetlands easement over their property when FWS constructed a series of dikes that caused flooding. The court first holds that there was ...

National Solid Waste Management Ass'n v. Williams

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution by barring the importation of waste processing services. Minnesota statute §115A.46 requires public enti...

In re Grand Jury 95-1

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding conducted by the judge presiding over the CERCLA trial. The court first holds that defendant does not need the ...

Powers v. Vista Chem. Co.

The court holds that a former petrochemical plant employee failed to prove that the plant terminated him in retaliation for his disclosure of an environmental violation to his supervisor and, therefore, is not entitled to compensation under Louisiana's environmental whistleblower statute. The court ...

Lindsay Manufacturing Co. v. Hartford Accident & Indem. Co.

The court holds that, pursuant to Nebraska law, the "as damages" language in a comprehensive general liability (CGL) insurance policy issued to a manufacturing company that disposed of spent pickle liquor into an open, unlined waste pit includes environmental response costs. The court determines tha...

Southwestern Pa. Growth Alliance v. Browner

The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of Pennsylvania's request to redesignate the Pittsburgh-Beaver Valley area from nonattainment to attainment status for ozone under the Cl...

Brown v. Olin Chem. Corp.

The court affirms a district court's grant of summary judgment to a Louisiana sulfuric acid manufacturer, emissions from which allegedly harmed a casino and its employees. In order to complete construction of a riverboat, the casino rented riverfront space near the manufacturer. During construction,...

Friends of Van Cortlandt Park v. New York, City of

The court certifies a question to the New York Court of Appeals whether state legislative approval is required before New York City can construct a water treatment plant (WTP) under parkland in the Van Cortlandt Park in the Bronx. The city planned to build the WTP pursuant to a consent decree betwee...