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New York v. Ludlow's Sanitary Landfill, Inc.

The court holds that an insurer need not provide coverage to a metal manufacturer that failed to give the insurer timely notice of a state claim seeking remediation of polychlorinated biphenyl (PCB) contamination. The manufacturer's insurance policies required it to immediately inform the insurer of...

AlliedSignal, Inc. v. Phoenix, City of

The court holds that a city is not immune from a company's negligence suit for allegedly delivering contaminated water to the company's facilities. The company sought damages for the cost of replacing corroded pipes in a fire protection sprinkler system and a permanent injunction and/or writ of mand...

Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that the sudden and accidental exception to the pollution exclusion cl...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief under the Comprehensive Environmental Response, Compensation, and Li...

Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonab...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...

Oregon Natural Resources Council Action v. U.S. Forest Serv.

The court holds that the U.S. Forest Service and the Bureau of Land Management (BLM) violated the Northwest Forest Plan and, hence, the Administrative Procedure Act (APA) by authorizing timber sales without first conducting surveys for certain species of wildlife. The court first holds that the envi...

Nautilus Ins. Co. v. Jabar

The court upholds the granting of summary judgment to an insured based on the ambiguity of terms used in the total pollution exclusion clause in the insurance policy. The court first holds that the total pollution exclusion clause is ambiguous as applied to the claim in question because an ordinaril...

Yankton Sioux Tribe v. Gaffey

The court holds that the Yankton Sioux Tribe of South Dakota does not have tribal jurisdiction over reservation lands that fell out of U.S. government trust and eventually passed to non-Native Americans. An 1894 Act of Congress ceded certain reservation lands to the United States in trust for the tr...

Mancuso v. Consolidated Edison Co. of N.Y.

The court dismisses a family's Federal Water Pollution Control Act and state-law actions against an electric power station for personal injuries that the family allegedly suffered due to polychlorinated biphenyl (PCB) contamination at a marina owned and lived in by the family. The court first holds ...