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Appellate review

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of...

In re Deepwater Horizon

The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on...

Sahu v. Union Carbide Corp.

The court held that it lacked appellate jurisdiction over a lower court's partial grant of summary judgment in favor of the parent company of a chemical plant in Bhopal, India, that allegedly caused soil and groundwater contamination....

Utah v. Norton

The Tenth Circuit dismissed intervenors' appeal of a district court order approving a settlement in a suit originally filed to halt a wilderness inventory to assess whether several million acres in Utah meet criteria for wilderness...

Self v. Callahan

The court dismisses an individual's appeal of a district court order dismissing his motion to vacate two Resource Conservation and Recovery Act criminal convictions and adopting a magistrate judge's report and recommendation (R&R)...

United States v. Cunningham

The court affirms a district court decision convicting a chemical company operator of illegally transporting and disposing of hazardous waste in violation of the Resource Conservation and Recovery Act. The court first holds that the...

Briargrove Shopping Ctr. Joint Venture v. Pilgrim Enters., Inc.

The court holds that it lacks jurisdiction over an appeal from a judgment that assessed Comprehensive Environmental Response, Compensation, and Liability Act response costs and damages against a dry cleaning company for...

Building Indus. Ass'n of Superior Cal. v. Babbitt

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered...

Loggerhead Turtle v. County Council of Volusia County, Fla.

The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures associated with artificial beachfront lighting. The...

CPC Int'l, Inc. v. Northbrook Excess & Surplus Ins. Co.

The court holds that a corporation's insurance policy covered costs related to the 1979 discovery of contamination resulting from a 1974 perchloroethylene (PERC) spill. The court first notes that under Rhode Island law "property damage...