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Conoco, Inc. v. ONEOK, Inc.

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...

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

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...

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

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...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

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...

DRR, L.L.C. v. Sears, Roebuck & Co.

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...

Crowe v. Coleman

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...

United States v. Michigan

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...

Friends of Van Cortlandt Park v. New York, City of

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...

Entergy Arkansas, Inc. v. Nebraska

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...