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Johansen v. Combustion Eng'g, Inc.

The court holds that a district court properly reduced a $15 million punitive damage award to $4.35 million in a nuisance and trespass case against a mining company that contaminated neighboring property owners' streams. The court first holds that the district court did not err in reducing the award...

Matador Petroleum Corp. v. St. Paul Surplus Lines Ins. Co.

Applying Texas law, the court holds that an insurer properly denied an oil company coverage for a discharge of pollutants that contaminated adjacent property and waterways. The pollution was caused when a drilling pit collapsed in the company's well. The court first holds that the insurer legitimate...

Lewis v. General Elec. Co.

The court refuses to dismiss a property owner's nuisance claims against a company that contaminated land near the owner's home with polychlorinated biphenyls (PCBs). The court, however, dismisses the property owner's remaining claims. The court first dismisses the owner's claims of negligence, aggra...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court holds that a planning agency for the Lake Tahoe area must compensate property owners for taking their property through development restrictions. The development plan for the Lake Tahoe area significantly restricts development in high hazard areas to prevent further eutrophication of the la...

New York v. Ludlow's Sanitary Landfill, Inc.

The court holds that an insurer need not provide coverage to a metal manufacturer that failed to give the insurer timely notice of a state claim seeking remediation of polychlorinated biphenyl (PCB) contamination. The manufacturer's insurance policies required it to immediately inform the insurer of...

AlliedSignal, Inc. v. Phoenix, City of

The court holds that a city is not immune from a company's negligence suit for allegedly delivering contaminated water to the company's facilities. The company sought damages for the cost of replacing corroded pipes in a fire protection sprinkler system and a permanent injunction and/or writ of mand...

Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that the sudden and accidental exception to the pollution exclusion cl...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief under the Comprehensive Environmental Response, Compensation, and Li...

Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonab...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...