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101 Ranch v. United States

The court holds that the land owned by plaintiff adjacent to the West Bay of Devil's Lake in North Dakota is subject to the doctrines of submergence and reliction, despite plaintiff's quiet title judgment against the state in 1929 and a quitclaim deed from the state in 1949. The water level of Devil...

Quadion Corp. v. Mache

The court holds that shareholders of a closely held corporation can be held responsible for the corporation's liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Plaintiff brought a CERCLA contribution action against selling shareholders of a corporati...

Hi-Line Sportsmen Club v. Milk River Irrigation Dists.

The court holds that the Board of Health and Environmental Sciences erred in amending the §401 Federal Water Pollution Control Act (FWPCA) certification granted to the Milk River Irrigation Districts and the city of Gillette, Wyoming, by the State Department of Health and Environmental Services. Mi...

Kerr-McGee Chem. Corp. v. W. Chicago, City of

The court holds that a chemical company is not entitled to a temporary restraining order or a preliminary injunction to enjoin a city from preventing construction of an on-site nuclear waste disposal structure that would violate a local ordinance. The company has not shown a likelihood that it will ...

Sierra Club v. Marsh

The court holds that the district court's interlocutory order reflecting the satisfaction of two of the three conditions to the discontinuance of a preliminary injunction halting development of a cargo terminal on Sears Island, Maine, is not appealable under 28 U.S.C. §1292(a)(1). The order did not...

United States v. Hooker Chems. & Plastics Corp.

The court holds that a county is not liable for contribution under state law for cleanup costs at the Love Canal site. The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(e)(2) does not bar a party liable for CERCLA response costs from pursuing c...

In re Zagata Fabricators, Inc.

The court holds that the bankruptcy court erred when it allowed a bankrupt company to withhold rent payments on a lease for an industrial complex entered into after the owner was prevented from selling the property for failing to comply with the New Jersey Environmental Cleanup Responsibility Act (E...

Hazardous Waste Treatment Council v. EPA

The court rules that the Environmental Protection Agency's (EPA's) approval of a "no-migration" petition under §3004 of the Resource Conservation and Recovery Act (RCRA) is not reviewable under RCRA §7006. The no-migration exemption from RCRA's ban on the land disposal of hazardous waste allows an...

Nevada v. Watkins

The court rules that the 1987 amendments to the Nuclear Waste Policy Act (NWPA) designating Yucca Mountain, Nevada, as the sole site for possible development as a high-level radioactive waste repository do not violate the U.S. Constitution. The court holds that the Property Clause provides sufficien...

Kerr-McGee Chem. Corp. v. W. Chicago, City of

The court holds that the Atomic Energy Act (AEA) does not preempt a municipal ordinance targeting health and safety hazards that the city intends to apply to plaintiff's construction of an on-site nuclear waste disposal structure. The court holds that the case is ripe, because the city's stated inte...