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Baker v. Coxe

The court affirms a district court decision holding that various state environmental officials' delay in approving a permit to build a pier did not violate the applicants' due process, equal protection, or First Amendment rights. In 1991, the applicants, who own a tree farm on an island off the coas...

Anderson v. Red River Waterway Comm'n

The court affirms a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian landowners whose property was flooded after the U.S. Army Corps of E...

Pownal Dev. Corp. v. Pownal Tanning Co.

The court affirms a trial court decree allowing a developer to partially foreclose on nine parcels of land while not foreclosing on a 10th contaminated parcel. A tannery owned the land at issue and contaminated the land surrounding its mill. The mill parcel was listed as a Superfund site and underwe...

Soho Alliance v. New York City Bd. of Standards & Appeals

The court affirms the New York City Board of Standards and Appeals' (BSA's) decision to grant use variances permitting the development of two neighboring properties in a New York City historic district and to issue a negative declaration that the development did not require an environmental impact s...

Nebraska Pub. Power Dist. v. MidAmerican Energy Co.

The court holds that a power sale contract between an energy company and a public power district does not require the energy company to make current, nonrefundable payments of estimated decommissioning costs to the power district, but makes the energy company liable for decommissioning costs only in...

Fiore v. White

The U.S. Supreme Court holds that the criminal conviction of a hazardous waste facility operator under a Pennsylvania hazardous waste statute for operating a hazardous waste facility without a permit violated the federal Due Process Clause. When the operator was convicted, he in fact had a permit, b...

Kazi v. State Farm Fire & Cas. Co.

The court holds that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend the insureds in an easement dispute. The dispute arose after the insureds graded an access road on their property that allegedly interfered with their ...

Maritime Energy v. Fund Ins. Review Bd.

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

EnergyNorth Natural Gas, Inc. v. Continental Ins. Co.

The court holds that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River in New Hampshire because the contamination caused by the operator was not accidental as required by its insurance policies...

Ohio River Valley Envtl. Coalition, Inc. v. Callaghan

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...