Weekly Cases Update Volume 32, Issue 6

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume , Issue

ELR 20479No. 01-1931(4th Cir., )

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a pollu

Keywords:
Is not violated by, Held not violated by, Constitutional law
ELR 2044499-8089(10th Cir., )

The court affirms in part and reverses in part the dismissal of the state of Wyoming's claim against the U.S.

ELR 20480No. SC 16464(Conn., )

The court holds that the sudden and accidental exception to the pollution exclusion clause contained in a manufacturing company's comprehensive general liability policies bars coverage for trichloroethylene contamination at its facilities.

Keywords:
"Sudden and accidental" construed, Insurance
ELR 20475Nos. 00-15688 et al.(9th Cir., )

The court reverses a district court's blanket equitable exemption of intra-farm transfers from Nevada's law of forfeiture and abandonment and holds that equity may be appropriate only in the forfeiture context under certain circumstances.

Keywords:
Water rights
ELR 2044200-0811(D.D.C., )

The court upholds a U.S.

ELR 2048000-31437(5th Cir., )

The court affirms the conviction of a hunter for possessing ducks in excess of the two-duck daily bag limit in violation of §703 of the Migratory Bird Treaty Act (MBTA).

ELR 2045401-02139 (ESH)(D.D.C., )

The court holds that an arbitration award under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requiring a pesticide company to compensate a prior registrant for the use of its data is judicially enforceable.

ELR 2047498-4444(6th Cir., )

The court affirms a district court holding that a taxpayer who purchased an ozone-depleting chemical (ODC) from China and then processed and sold the ODC to customers in the United States is subject to federal excise taxes.

ELR 20477CIV A 88-0643-SLR(D. Del., )

The court denies a land association's motion to reopen a 1990 declaratory judgment action in light of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001) (SWANCC).

ELR 2047700-CV-1034(N.D.N.Y., )

The court holds that the state of New York could bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) claim against a manufacturer that allegedly disposed of hazardous waste at a town's landfill even though the state and the town had entered a state

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