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Waldburger v. CTS Corp
The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...
Save the Plastic Bag Coalition v. County of Marin
A California appellate court upheld a county ordinance banning single-use plastic bags and imposing a fee on single-use paper bags against claims that the ordinance was enacted in violation of the California Environmental Quality Act (CEQA). The county determined that the ordinance was categorically...
John v. Alaska Fish & Wildlife Conservation Fund
The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) (Katie John I), the court held that because Congress inc...