The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...

The court holds that a natural gas company must indemnify the owner of a ruptured pipeline for 50 percent of the costs it incurred cleaning up surrounding soil and groundwater and paying third-party damages to nearby property owners. Two years after the owner of the ruptured pipeline installed it, t...

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due to dioxin exposure and accidental agent releases are too speculat...

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess liability insurers for costs it incurred in accordance with a Compreh...

The court holds that New Jersey's solid-waste flow-control laws and regulations violate the Commerce Clause of the U.S. Constitution. The court first notes that the laws and regulations are subject to strict scrutiny because the Third Circuit has already held that they discriminate against interstat...

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the site. The court first holds that to succeed on its fraud claim, t...

The court affirms a district court decision that New Jersey's solid waste flow control laws violate the U.S. Constitution's Commerce Clause, but reverses the lower court's decision to stay an injunction against enforcement of those laws until two years after the exhaustion of appeals and certiorari ...

The court holds that plaintiff-appellant landowners' allegation that gasoline contamination from an adjoining property constituted a continuing nuisance presents an arguable cause of action under state law against the current adjacent landowner. The court first holds that plaintiff-appellants' plead...

The court holds that a Michigan confined disposal facility (CDF) run by the U.S. Army Corps of Engineers (the Corps) must accept dredged materials that were accumulated to determine the environmental impacts that the construction of a combined sewer overflow (CSO) retention basin will have on a cree...

The court holds that New York City must obtain state legislative approval before it can build a water filtration plant at a city park. Legislative approval is required when there is a substantial intrusion on parkland for non-park purposes, regardless of whether there has been an outright conveyance...