The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane Superfund site in Illinois, and orders them each to pay over $2 ...

The Court holds that the issue of liability in a developer's regulatory takings claim against a city was properly submitted to a jury. After the city imposed more rigorous demands each time it denied five proposals to develop a 37.6-acre oceanfront parcel in Monterey, California, the developer filed...

The court holds that the amount a bankrupt casino paid to the casino's previous owner for environmental remediation does not offset a debt owed the previous owner. The casino was to make monthly payments to the previous owner under the terms of a promissory note. It suspended payment, however, after...

The court holds that a pesticide manufacturing partnership is liable for response costs in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 contribution action brought by the corporation that purchased the partnership's assets. The court first holds that the val...

The court certifies to the Florida Supreme Court the question of whether an insured is entitled under state law to an award of attorney fees incurred in enforcing a settlement agreement against an insurer. A steel company sought to recover remediation costs at an allegedly polluted site from its ins...

The court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented from building on their land due to an Oregon State law permitting dwellings to be built in forest use z...

The court assumes jurisdiction over a state contract dispute between a county waste authority and an in-state waste facility operator to protect and effectuate an injunction that the court has jurisdiction over. In a related case, the Third Circuit held that New Jersey's flow-control laws governing ...

The court holds that the trustees of a manufacturer's estate are liable for the trichloroethylene (TCE) contamination under state nuisance and environmental laws. A district court issued interlocutory orders finding the trustees liable under the Comprehensive Environmental Response, Compensation, an...

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the Eleventh Amendment does not bar the commission's suit against the state. Congress has the plenary power to att...

The court vacates a lower court's award of attorney fees to a group of residents who challenged a state environmental agency's issuance of a solid waste facility permit to a solid waste company to construct and operate a landfill facility. In the underlying case, a lower court originally issued an o...