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Toxic Substances

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged...

National Bank of Commerce v. Dow Chem. Co.

The court affirms a district court's grant of summary judgment on several state-law tort claims in favor of pesticide companies whose products allegedly caused a newborn's multiple birth defects. The district court granted summary...

Missouri v. Glasgow, City of

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision...

Bednar v. Bassett Furniture Mfg. Co.

The court holds that plaintiffs in a toxic tort case produced sufficient evidence to show that a piece of furniture emitted levels of gaseous formaldehyde known to cause the type of injuries suffered by the plaintiffs' child. The court...

Maritrans, Inc. v. United States

The court holds that shipping companies have a Fifth Amendment property interest in their single-hulled oil tankers. The companies brought suit against the United States alleging that their single-hulled tankers were effectively taken...

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency...

Tamarind Resort Assocs. v. Government of the Virgin Islands

The court affirms that the denial of a Coastal Zone Management Act (CZMA) permit did not breach a contract between a developer and the government of the Virgin Islands allowing for the development of an island off the coast of St....

General Elec. Co. v. Joiner

The Court holds that abuse of discretion is the proper standard by which to review a district court's decision to admit or exclude scientific evidence. The Court first holds that the court of appeals applied an overly stringent review...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent...

Lyall v. Leslie's Poolmart

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts failure to warn claims brought by the purchasers of a container of chlorine tablets, but that FIFRA does not preempt their defective packaging...