Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Donnell v. United States

The court holds that a U.S. Army Corps of Engineers' (the Corps') order requiring plaintiffs to remove certain pilings from their wharf is not a taking of private property in violation of the Fifth Amendment of the U.S. Constitution. The Corps issued plaintiffs a nationwide permit to operate and mai...

Dravo Corp. v. Zuber

The court holds that a de minimis settlement agreement among the U.S. Environmental Protection Agency and owners and lessors of property within a contaminated site bars a contribution action brought by a nonsettling party under the Comprehensive Environmental Response, Compensation, and Liability Ac...

Earth Island Inst. v. Brown

The court holds that 28 U.S.C. §1581 grants the Court of International Trade (CIT) exclusive jurisdiction over civil actions against the United States arising out of the Marine Mammal Protection Act (MMPA) §101(a)(2)(C)'s ban on the importation of tuna from secondary or intermediary nations. Secti...

Employers Ins. of Wausau v. Browner

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) did not violate the procedural and substantive due process and equal protection rights of an insurance company designated as a potentially responsible party (PRP), and that CERCLA §113(h) review ...

Employers Ins. of Wausau v. Clinton

The court, applying the arbitrary and capricious standard set forth in 5 U.S.C. §706(2)(A) of the Administrative Procedure Act (APA), upholds a U.S. Environmental Protection Agency (EPA) determination that an insurance company's failure to comply with an order and emergency response action plan (ER...

Exxon Shipping Co. v. Department of the Interior

The court holds that §301 of the Federal Housekeeping Statute does not authorize federal agencies to refuse to comply with proper discovery requests, and that federal courts should apply the federal rules of discovery when ruling on discovery requests made against government agencies, regardless of...

Figgie Int'l, Inc. v. Bailey

The court holds that under Louisiana law, the owned property and alienated property exclusions in the comprehensive general liability (CGL) insurance policies of a weapons manufacturer that formerly owned a contaminated site bar its claims against its insurers and earlier site owners for indemnifica...

FMC Corp. v. Department of Commerce

The court affirms a district court decision that the U.S. Department of Commerce is liable under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an "operator" and "arranger" for contamination at a facility that it directed to produce high-tenacity ra...

United States v. Mills

The court holds that the U.S. Supreme Court's decision in United States v. Riverside Bayview Homes, 16 ELR 20086, constrains the court to rule that Congress' delegation of authority to the U.S. Army Corps of Engineers (Corps) under the Federal Water Pollution Control Act (FWPCA) to define "waters of...

United States v. M/V Santa Clara I

The court holds that it lacks jurisdiction over counterclaims by the owners and operators of a ship for reimbursement of the costs of complying with a coast guard administrative cleanup order under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that requi...