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...
The court holds that the U.S. Department of the Interior (DOI) is not proscribed from taking into trust for the Mashantucket Pequot Tribe of Connecticut land that the tribe purchased from outside an area defined by a settlement agreement between the tribe, the state, and the federal government. In 1...
The court upholds a district court decision dismissing school districts and parents' action against the Washington state treasurer and superintendent of education to stop the state from reducing the school districts' state-mandated aid by the amount of federal forest funds it receives. Under 16 U.S....
The court holds that under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the former owners of a contaminated site in Georgia are liable for the disposal of hazardous waste at the site. A potentially responsible party (PRP) shipped containers of hazardous waste t...
The court grants summary judgment to a company on the state-law counterclaims brought by the past owners of a contaminated site where the company disposed of hazardous wastes. The contaminated site had been operated as a metal plating business and was owned at various times by an individual, a famil...