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Keene Corp. v. Insurance Co. of N. Am.

The D.C. Circuit rules that a company that manufactured asbestos from 1948 to 1972 and was insured under various policies from 1961 to 1980 is protected against liability in any products liability action if either the victim's initial exposure to asbestos or manifestation of an asbestos-related dise...

Mountain States Legal Found. v. Andrus

The court rules that the Bureau of Land Management (BLM) violated the Wild Free-Roaming Horses and Burros Act by failing to control the number of wild horses in BLM's Rock Springs District. A dramatic increase in the wild horse population in the district has placed excess demand on grazing lands, wh...

Trustees for Alaska v. Watt

The court rules that the Secretary of the Interior's transfer of the authority to regulate oil and gas exploration in the Arctic National Wildlife Refuge from the Fish and Wildlife Service (FWS) to the United States Geological Survey (USGS) violates the National Wildlife Refuge System Administration...

National Indian Youth Council v. Watt

The court affirms the district court's decision, 11 ELR 20107, that the Department of the Interior's (DOI's) approval of a lease and plan for surface mining of coal on Navajo lands complied with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). Initially...

Montgomery County v. EPA

The Fourth Circuit upholds the Environmental Protection Agency's (EPA's) designation of seven drainage basins in Montgomery County, Maryland, as an aquifer pursuant to §300h-3(e) of the Safe Drinking Water Act. Given the United States Geological Survey's (USGS's) conclusion that a 130-square-mile a...

In re Oswego Barge Corp.

The Second Circuit Court of Appeals rules that §311 of the Federal Water Pollution Control Act (FWPCA) preempts the federal government's right under §13 of the Rivers and Harbors Act (Refuse Act), common-law nuisance, and maritime tort law to recover from the owner of a discharging vessel the cost...

Big Fork Mining Co. v. Tennessee Water Quality Control Bd.

The Tennessee Court of Appeals holds that the Tennessee Anti-Degradation Statement, an administrative rule promulgated by appellee pursuant to the Tennessee Water Quality Control Act, TENN. CODE ANN. §§70-324 et seq., and its application in the denial of appellant's permit application are constitu...

Scott v. Hammond, City of

The district court rules that plaintiffs are entitled to seek relief under Illinois common and statutory law against out-of-state defendants for pollution of Lake Michigan. The state of Illinois and private plaintiffs filed suit against two Indiana municipalities for discharging large quantities of ...

State v. Budd Co.

The Ohio Court of Appeals for Wood County upholds appellant's conviction and $150 fine for the misdemeanor of disposing of oil into state waters. The statute, which states that no "person shall place or dispose of in any manner, any . . . oil . . . in any ditch, stream . .&n...

Milardo v. Coastal Resources Management Council of R.I.

The court upholds the constitutionality of the state of Rhode Island's denial of plaintiff's application for a sewage disposal system permit for a waterfront residence. Initially, it rejects plaintiff's claim that the denial of the permit is an uncompensated taking of his property in violation of th...