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Illinois v. Department of the Army

The court grants Illinois' request to remand to state court its case against the U.S. Department of the Army (Army) for improperly releasing pollutants from its Joliet Army Ammunition Plant into waste streams and outfalls that ultimately ended up in Prairie Creek, a tributary of the Kankakee River. ...

Coastal Envtl. Specialists, Inc. v. Chem-Lig Int'l, Inc.

The court denies an environmental remediation specialist's claims that a port commission owed it money for cleaning up property leased by the commission. A chemical manufacturer leased land from the port commission. Upon discovering contamination on the property, the manufacturer hired the environme...

United States v. Alpine Land & Reservoir Co.

The court reverses a district court's blanket equitable exemption of intra-farm transfers from Nevada's law of forfeiture and abandonment and holds that equity may be appropriate only in the forfeiture context under certain circumstances. In a prolonged litigation regarding water rights from the Tru...

Deltic Farm & Timber Co. v. Great Lakes Chem. Corp.

The court holds that Arkansas law does not allow the tolling of the statute of limitations where there is no evidence of fraudulent concealment in a timber company's wrongfully removed minerals action against a chemical corporation. The court first notes that the Arkansas Supreme Court had the chanc...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court holds that groups who challenged a state's decision to add a company to the U.S. Department of the Army's license to operate a chemical demilitarization facility are estopped from challenging that company's licensure in federal court. The court first holds that the issues presented in the ...

Dilmar Oil Co. v. Federated Mut. Ins. Co.

The court rejects a petroleum company's breach of contract and liability claims against its insurer. The insurance policy required the company to secure money from a state-administered fund to finance the cleanup of contamination from leaking underground storage tanks. However, in 1990, the state pa...

Davis Oil Co. v. TS, Inc.

The court holds that under Louisiana law, the successor to a former oil company is directly liable for the cleanup costs of an abandoned oil lease site. When the original lessee conveyed to the company an oil and gas lease, the company consented to the inclusion of a covenant to clean up the leased ...

Houlton Citizens' Coalition v. Houlton, Town of

The court holds that a Maine town's solid waste flow-control ordinance, coupled with its grant of an exclusive hauling and disposal contract to a local contractor, does not violate the dormant U.S. Commerce Clause. The court first holds that the town's ordinance does not discriminate on its face aga...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first holds that the district court had subject matter jurisdiction ov...