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Dubois v. Department of Agric.

The court affirms a district court's denial of attorney fees to an individual who prevailed in his challenge to the U.S. Forest Service's decision to expand a ski area in a national forest. The individual brought suit claiming that the Forest Service's failure to adequately explore reasonable altern...

Cincinnati Ins. Co. v. Becker Warehouse, Inc.

The court affirms a lower court holding that a pollution exclusion clause in a warehouse owner's commercial general liability insurance policy excludes coverage of contamination from xylene fumes. Contractors building an addition to the warehouse improperly used a xylene-based sealant, the fumes of ...

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

The court denies a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating the Clean Water Act (CWA) §404 by authorizing a surface mining company to fill streams with waste rock under a nationwide permit and without an environmental impact stat...

Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group under which EPA agreed to promulgate Clean Wate...

Harbours Pointe of Nashotah, L.L.C. v. Nashotah, Village of

The court affirms a district court holding that a development company failed to exhaust adequate state remedies in challenging as a taking a special assessment levied by a village. In 1980, the village entered an agreementto construct a local sewer system and levied reserve capacity assessments to f...

South Camden Citizens in Action v. New Jersey Dep't of Envtl. Protection

The court holds that because Title VI proscribes only intentional discrimination, residents of a predominantly minority community do not have a right to enforce through 42 U.S.C. §1983 the U.S. Environmental Protection Agency's (EPA's) Title VI §602 disparate impact discrimination regulations agai...

Johnson Controls, Inc. v. Employers Ins. of Wausau

The court affirms a trial court holding that no insurance coverage existed for 21 of a company's contaminated landfill sites. For purposes of determining if the company's insurance applied, the court set forth four categories of sites. The first category is one where the insured is responsible for c...

Dougherty v. North Hempstead Bd. of Zoning Appeals, Town of

The court affirms the dismissal of a landowner's due process and equal protection claims against a zoning board that denied the landowner's application for a building permit, but reverses the denial of the landowner's motion to amend the complaint to include a First Amendment retaliation claim. The ...

Hart v. Myers

The court holds that although conservation officers conducted a search and seizure without a warrant and within the curtilage of individuals' home, the officers enjoyed qualified immunity. The individuals own an undeveloped tract of 50 acres that abuts a state park in which no hunting is allowed. Th...

Friends for Ferrell Parkway v. Stasko

The court affirms a district court decision holding that an organization lacked standing to seek judicial review of a proposed land transaction between the U.S. Fish and Wildlife Service (FWS), a city, and a private developer that would protect sensitive wetlands and wildlife habitat. Under the tran...