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Karuk Tribe of Cal. v. United States

The court holds that the 1998 Hoopa-Yurok Settlement Act did not constitute a taking of Native Americans' vested property interests in the land and resources of the Hoopa Valley Indian Reservation in California. The court first holds that the Native Americans who reside on the reservation do not hav...

Kent Farms, Inc. v. Zurich Ins. Co.

The court holds that a pollution exclusion clause does not apply to a claim based on a negligence tort. A fuel delivery man brought a negligence claim against a farm after the farm's faulty underground storage tank intake valve caused the delivery man to suffer significant injuries. The court holds ...

Alaska v. United States

The court holds that title to the bed of the Kukpowruk River in Alaska did not pass from the federal government to the state of Alaska when Alaska became a state in 1959. In public land order (PLO) 82 issued in 1943, the federal government withdrew the land in which the riverbed lies from sale, loca...

Hagan v. Upper Republican Natural Resources Dist.

The court reverses and remands a trial court decision that water district residents did not have standing to challenge the district's settlement agreement with hog confinement facility operators. The facility operators had applied for and had been denied water use variances sufficient to operate the...

In re St. Lawrence Corp.

The court holds that a bankruptcy court correctly allowed a Chapter 7 trustee to abandon real property of the bankruptcy estate over a state environmental agency's objection. The agency argued that although a trustee may abandon property of an estate that is burdensome or of inconsequential value an...

Jones v. Chemetron Corp.

The court affirms a bankruptcy court decision holding that the toxic tort claims brought by neighborhood plaintiffs against a bankrupt manufacturing facility had accrued prior to the bankruptcy bar and that the plaintiffs failed to demonstrate excusable neglect, but the court reverses the decision w...

Metcalf v. Daley

The court reverses a district court and holds that the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service, and other federal defendants violated the National Environmental Policy Act (NEPA) by preparing an untimely and inadequate environmental assessment (E...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will not conceptually sever each landowner's fee interest into discr...

Morrow Corp. v. Harleysville Mut. Ins. Co.

The court holds that two insurers did not have a duty to defend or a duty to indemnify an insured dry cleaning store owner for soil and groundwater contamination while policies containing absolute pollution exclusion clauses were in effect, but one of the insurers had a duty to defend the insured un...

Pacific Indem. Co. v. Bellefonte Ins. Co.

The court affirms in part and reverses in part a lower court judgment determining that an insurer of the San Diego Bay Port District had a duty to defend the district from a citizen suit alleging that the district breached the public trust doctrine by failing to protect the bay, its animals, and its...