The court holds that a manufacturer's failure to provide its insurer with adequate notice of a potential Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim negates the insurer's liability under the insurance policy. The case arose after the manufacturer sold electro...
The court holds that it lacks subject matter jurisdiction over a former battery manufacturer's Federal Tort Claims Act (FTCA) claim against the United States to recover $4.5 million the manufacturer paid to settle tort claims for property and personal injuries allegedly caused by the manufacturing p...
The court denies a Comprehensive Environmental Response, Compensation, and Liability Act defendant's request to strike third-party defendant's pleadings or to enter judgment against them for failing to comply with previous court orders regarding the payment of attorney fees and the filing of financi...
The court holds that a state waste management agency's designation of a developer's property as a possible site for a low-level radioactive waste disposal facility did not constitute a temporary taking under the state constitution. Although no site ultimately was selected to become the location of t...
The court holds that a municipal water utility, which incurred costs through extension of its waterlines into areas with contaminated private wells, may measure the New Jersey Spill Compensation and Control Act's one-year statute of limitations for filing compensation claims against the Act's spill ...
The court holds that a city's redesignation under the Nebraska Community Development Law (CDL) of a developer's property as no longer blighted and, thus, not qualified for tax increment financing (TIF) did not violate the developer's due process under the state constitution. The court first holds th...
The court upholds a district court decision dismissing as unripe a waste disposal plant's claim that a county's revocation of an unusual use zoning permit constituted a taking without just compensation. The plant filed suit in district court after a circuit court affirmed the county's revocation of ...
The court reverses a trial court decision granting an oil company's summary judgment motion to dismiss cities' claims for the value of municipal services that were diverted to cleanup efforts following the Exxon Valdez oil spill. Assuming that the free public services doctrine applies as a matter of...
The court holds that a consent decree entered in federal court between the city of Lodi, California, and the primary insurer of a dissolved California corporation that polluted the city's groundwater does not preclude the city from bringing suit in state court to reach the corporation's other insura...
The court dismisses as unripe mining associations' claim that the U.S. Forest Service arbitrarily and capriciously designated land straddling the Hoosier Ridge in Colorado as a research natural area (RNA). The court first holds that the mining associations' claim is not fit for judicial review. Alth...