The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota Environmental Rights Act (MERA), and common law, against a dissolved corpora...
The court holds that a lawsuit by individuals against a chemical company for damages based on injuries resulting from exposure to thorium-containing fill material was properly removed to federal court, because the chemical company brought a third-party complaint against officials of the U.S. Environ...
On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state Beachfront Management Act through the date of the court's order, to compensate a landowner for a temporary dep...
The court holds, applying Michigan law, that a former employee of a company that was forced to shut down due to the cleanup and remediation costs of environmental contamination at its business site, which was alleged to have come from an adjoining manufacturing plant, has failed to allege all the re...
The court holds that state and federal agencies involved in a proposed port project in Searsport, Maine, reasonably decided to restrict the analysis in an environmental impact statement (EIS) of secondary impacts from the project to four light-dry industries. The court also holds that the district c...
The court rules that the provisions of the Georgia Comprehensive Solid Waste Management Act (GCSWMA), and regulations of the Georgia Department of Natural Resources Environmental Protection Division (EPD) governing out-of-state solid waste, are unconstitutional burdens on interstate commerce in viol...
The court holds that individuals owning less than a majority share of corporations charged with violations of the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act (Closure Act) may be held personally liable as "owners or operators" under the Closure Act if they had a high degre...
The court holds that an Arizona statute, which relinquished state claims to lands below the high watermark of all navigable watercourses, in order to protect existing private title assumptions violates the public trust doctrine and the state constitutional gift clause. The court first holds that the...
The court amends its decision at 22 ELR 21455, which vacated and remanded a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and Fourteenth Amendments to the U.S. Constitution. In its amended opinion, the court directs the ...
The court holds that a county in the state of Washington violated the Commerce Clause of the U.S. Constitution when it adopted an ordinance barring disposal in the county of medical waste generated outside the county, and the court remands for a determination of whether attorneys fees are warranted ...