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 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

ELR 2047900-35348(9th Cir., )

The court affirms a district court grant of summary judgment to the U.S. Forest Service (Forest Service) that barred a snowmobile association's challenge to the closure of certain areas of the Lolo National Forest to motorized vehicle use.

ELR 20441No. A-3254-00T3(N.J. Super. Ct. App. Div., )

The court holds that a non-cumulation clause in a manufacturer's insurance policy applied to its claims resulting from environmental property damage. The U.S.

Keywords:
Duty to indemnify, Insurance
ELR 20476C-2-94-248, -785(S.D. Ohio, )

The court holds that a chemical company is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 6% of past and future response costs incurred and to be incurred in connection with the Buckeye Reclamation Landfill site near St. Clairsville, Ohio.

ELR 20462No. 01-7223(2d Cir., )

The court affirms the dismissal of a landowner's due process and equal protection claims against a zoning board that denied the landowner's application for a building permit, but reverses the denial of the landowner's motion to amend the complaint to include a First Amendment retal

Keywords:
Challenges held ripe, Challenges held unripe
ELR 2047500-15703(11th Cir., )

The court affirms a district court decision that a water district's operation of a pump station without a national pollution discharge elimination system (NPDES) permit violates the Clean Water Act (CWA) but vacates the court's injunction prohibiting the district from operating the stat

ELR 20465No. 3-01-CV-1513 (JCH)(D. Conn., )

The court dismisses all of a hazardous waste transshipment company's equal protection, due process, and takings claims against the state of Connecticut, the Connecticut environmental agency, and the individual agency head for denial of a hazardous waste transshipment permit.

Keywords:
Protected property interest, Held to bar suit, Held not violated by
ELR 2047501-7329(2d Cir., )

The court affirms a district court holding that a village's sign ordinance did not violate the First Amendment as it contained permissible restrictions on the number, size, and location of signs on residential property, the duration for which signs may remain on residential property, and the

ELR 20474No. 00-16008(9th Cir., )

The court holds that an Arizona district court erred in determining that it lacked jurisdiction to hear a quiet title action concerning land along the Colorado River and in fixing title to the land on the basis of river movements that occurred prior to 1905 when the United States patented the dis

Keywords:
State boundary compacts

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