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Los Angeles, City of v. Kern, County of

A district court held that a county ordinance that bans the land application of "Los Angeles sludge" in the unincorporated areas of the county violates the Commerce Clause. The city of Los Angeles generates a large amount of sewage treatment residues, some substantial portion of which it would shi...

Fednav v. Chester

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance species into the Great Lakes. The statute requires all oceangoing vessels to obtain permits from the state if the...

New York Susquehanna & W. Ry. Corp. v. Jackson

The Third Circuit remanded a lower court decision that all of New Jersey's health, safety, and environmental regulations concerning the transfer of solid waste from truck to rail car were preempted by the Interstate Commerce Commission Termination Act. In so ruling, the court found that all of the s...

Apana v. TIG Ins. Co.

A district court held that an insurance company has a duty to defend, but not indemnify, a plumber and his employer in an underlying action concerning damages suffered by an individual who inhaled noxious fumes after the plumber poured chemicals down a clogged drain. Under Hawaiian case law, an insu...

Shammel v. Canyon Resources Corp.

The Montana Supreme Court held that where adequate alternative remedies exist under the common law or statute, the right to a clean and healthful environment under the Montana Constitution does not authorize a distinct cause of action in tort for money damages between two private parties. Downstream...

United States v. Nevada

A district court denied the U.S. Department of Energy's (DOE's) motion to preliminarily enjoin Nevada from interfering with DOE's use of water for bore hole drilling so that it may proceed with development and operation of the national nuclear waste repository at Yucca Mountain. Despite an earlier s...

Louisiana Envtl. Action Network v. McDaniel

A district court dismissed environmental groups' claims that emergency orders issued by the state of Louisiana following Hurricanes Katrina and Rita conflict with and/or are preempted by the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA). The or...

Aerojet-General Corp. v. Commercial Union

The court holds that sums agreed to be paid as a settlement of litigation are not subject to indemnification as "damages" under excess liability insurance policies. The case arose after a rocket and missile manufacturer sued for breach of contract and declaratory relief against its excess liability ...

St. John's United Church of Christ v. Chicago, City of

The court upholds the denial of a church's motion for a preliminary restraining order to prevent the relocation of a cemetery in conjunction with plans to renovate Chicago's O'Hare International Airport. Eminent domain does not constitute a "land use" regulation subject to the Religious Land Use and...

Miller v. Highland County

The court upholds a county's decision approving the construction of 20 wind turbines about 400 feet in height, a height that exceeds the maximum height permitted by the zoning ordinance, as well as an electric generation substation on property that is located in an agricultural zoning district. Two ...