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Environmental Defense Fund v. EPA

The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act. The court first holds that EPA did not clearly err in interpr...

Society Hill Towers Owners Ass'n v. Rendell

The court holds that a district court properly granted summary judgment to the city of Philadelphia on residents' Administrative Procedure Act (APA), National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA) claims that the city did not properly perform environmental an...

In re Patenaude

The court denies petitions brought by three groups of individuals seeking to remand their claims for personal injury and wrongful death damages due to asbestos exposure. The petitioners' claims initially were filed in Georgia, New York, and Oregon, but were transferred to a multidistrict litigation ...

Nestle USA-Beverage Div., Inc. v. Manasquan River Reg'l Sewerage Auth.

The court holds that the New Jersey Sewerage Authorities Law does not authorize a regional sewerage authority to charge a user already in the system an additional connection fee for increasing its wastewater flow. The user will pay an increased service charge based on the additional daily gallonage ...

Montclair Parkowners Ass'n v. Montclair, City of

The court holds that the federal courts can hear a trailer park association's claim that a local rent control ordinance regulating trailer parks effected an unconstitutional taking under the Fifth and Fourteenth Amendments. Because the association brought suits in federal and state court, the federa...

Karuk Tribe of Cal. v. United States

The court holds that the 1998 Hoopa-Yurok Settlement Act did not constitute a taking of Native Americans' vested property interests in the land and resources of the Hoopa Valley Indian Reservation in California. The court first holds that the Native Americans who reside on the reservation do not hav...

Kent Farms, Inc. v. Zurich Ins. Co.

The court holds that a pollution exclusion clause does not apply to a claim based on a negligence tort. A fuel delivery man brought a negligence claim against a farm after the farm's faulty underground storage tank intake valve caused the delivery man to suffer significant injuries. The court holds ...

Alaska v. United States

The court holds that title to the bed of the Kukpowruk River in Alaska did not pass from the federal government to the state of Alaska when Alaska became a state in 1959. In public land order (PLO) 82 issued in 1943, the federal government withdrew the land in which the riverbed lies from sale, loca...

Hagan v. Upper Republican Natural Resources Dist.

The court reverses and remands a trial court decision that water district residents did not have standing to challenge the district's settlement agreement with hog confinement facility operators. The facility operators had applied for and had been denied water use variances sufficient to operate the...

In re St. Lawrence Corp.

The court holds that a bankruptcy court correctly allowed a Chapter 7 trustee to abandon real property of the bankruptcy estate over a state environmental agency's objection. The agency argued that although a trustee may abandon property of an estate that is burdensome or of inconsequential value an...