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Blasland, Bouck & Lee, Inc. v. North Miami, City of

The court affirms in part and reverses in part a district court decision in a breach of contract and CERCLA cost recovery and contribution case between an environmental engineering firm and a city. After the U.S. Environmental Protection Agency filed a Comprehensive Environmental Response, Compensat...

North Miami, City of v. Berger

The court holds that the two principal shareholders and officers of a land development and landfill operating company are liable as "operators" under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs incurred by the city of North Miami, Fl...

Bello v. Barden Corp.

The court grants a lessee's motion to dismiss a property owners' claims for costs incurred during the U.S. Environmental Protection Agency's (EPA's) environmental cleanup of the owners' property, but also grants the owners' motion for leave to amend the complaint to include a claim for recovery of w...

California v. United States

The court reverses the Court of Federal Claims' holding that the Flood Control Act partially repealed the Tucker Act by implication, thereby immunizing the United States from breach-of-contract claims for damages arising from or related to flood control projects. In 1961, the United States and the s...

Bay View, Inc. v. United States

The court upholds the dismissal of a native corporation's claims that a 1995 Amendment to the Alaska Native Claims Settlement Act (ANCSA), which clarified that regional corporations do not have to share the proceeds from sales of net operating loss (NOL) deductions, resulted in a taking, a breach of...

Mayo v. National Park Service

The D.C. Circuit held that the Park Service did not violate NEPA when it authorized recreational hunts of elk in Wyoming’s Grand Teton National Park. The Grand Teton and the National Elk Refuge (Refuge) are home to the “Jackson herd,” one of the largest concentrations of elk in North America. ...

The Water Works & Sewer Bd. of the Town of Centre v. 3M Co.

A district court held that a water pollution case against carpet manufacturers belonged in state court as complete diversity did not exist, rejecting the carpet manufacturers' claim of fraudulent joinder. A sewer board (Board) brought suit against various manufacturers, suppliers, distributors, and ...

Liebhart v. SPX Corp.

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...

Elkay Mining Co. v. Smith

The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious...

Barnacle Marine Management Inc. v. Vulcan Materials Co.

The court reverses a district court decision dismissing the United States from a Limitation of Shipowners' Liability Act (Limitation Act) proceeding initiated by a tow boat company and a barge company in order to limit their liability for damages caused to a U.S. government lock on the Ouachita Rive...