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National Tel. Coop. Ass'n v. Exxon Mobil Corp.

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner. The station performed the remediation pursuant to its corrective ...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

Kissimmee River Valley Sportsman Ass'n v. Lakeland, City of

The court holds that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a righ...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

State v. Green

The court holds that a trailer park owner is liable under New York Navigation Law Article 12 (known as the Oil Spill Act) for the cost of cleaning up a kerosene spill from a 275-gallon tank owned and maintained by a tenant of the trailer park. After the tank fell on the ground in 1992, it spilled ke...

BEC Corp. v. Department of Envtl. Protection

The court holds that two officers of a corporation are personally liable under the Connecticut Water Pollution Control Act for water contamination caused by leaks from oil tanks on the corporation's property. The court first holds that under Connecticut Water Pollution Control Act §§22a-432, which...

American Wildlands v. Browner

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily or capriciously in approving Montana's water quality standards exempting nonpoint sources of pollution from antidegradation review or in approving Montana's mixing zone policies and procedures. The court firs...

Brody v. Port Chester, Village of

The court vacates a preliminary injunction enjoining a New York town from proceeding with its condemnation action against a landowner. The city sought to condemn the landowner's property as part of its redevelopment plan for the city's downtown and waterfront area. The owner argued, and a district c...

Coalition for Sustainable Resources v. U.S. Forest Serv.

The court dismisses on ripeness grounds a conservation group's claim that the U.S. Forest Service violated the Endangered Species Act (ESA) by failing to carry out certain conservation programs in its management of the Medicine Bow National Forest in Wyoming. Specifically, the group argued that by a...

Northeast Conn. Econ. Alliance, Inc. v. ATC Partnership

The court holds that a trial court erred in not evaluating evidence of environmental contamination and remediation costs related to a company's property that a regional economic alliance, acting for a town, took by eminent domain. The court first holds that excluding contamination evidence, as a mat...