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Lessord v. General Elec. Co.

The court denies manufacturers' motions to dismiss property owners' common-law claims against them for allegedly contaminating the owners' land. The manufacturers argued that the property owners' claims were time barred under New York law. Under state law, the property owners had either three years ...

Esplanade Properties, Ltd. Liab. Corp. v. Seattle, City of

The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first holds that the company's federal due process claim was properly d...

Vermont Pub. Interest Research Group v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's (FWS') final supplemental environmental impact statement (FSEIS) for its program to control the population of sea lampreys in Lake Champlain and its tributaries was adequate. In addition to employing physical barriers and trapping to reduce a...

Mountain States Legal Found. v. Bush

The court affirms a district court dismissal of a property rights group's complaint challenging six national monument designations by President William J. Clinton under the Antiquities Act. The group claimed that President Clinton acted unconstitutionally and ultra vires under the Property Clause of...

Berg v. Popham

The court certifies to the Alaska Supreme Court the question of whether a manufacturer who sells a useful product that uses hazardous substances may be liable as an arranger of hazardous substance disposal under Alaska Statute §46.03.822(a)(4) if the product, when used as designed and installed...

Thomas v. New York State Dep't of Correctional Servs.

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

Bass Enters. Prod. Co. v. United States

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

Boerman v. American Empire Surplus Lines Ins. Co.

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

520 E. 81st St. Assocs. v. State

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...