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Muckleshoot Tribe v. Lummi Indian Tribe

The court holds that the Swinomish Tribe's usual and accustomed fishing places do not include any waters within Puget Sound salmon management and catch reporting area 10, and a prior decision's description of the Lummi Tribe's usual and accustomed fishing places is ambiguous. The Muckleshoot Tribe s...

Landgate, Inc. v. California Coastal Comm'n

The court holds that a delay in the issuance of a development permit partly owing to the mistaken assertion of jurisdiction by a state agency does not constitute a temporary taking. The state agency originally denied a landowner's application for building permits due in part to the agency's erroneou...

Southwestern Pa. Growth Alliance v. Browner

The court affirms the U.S. Environmental Protection Agency's (EPA's) decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as a Clean Air Act (CAA) attainment area for ozone. The court first holds that an organization of manufacturers and local governments from the Pittsburgh-Beaver Valley,...

Oil, Chem. & Atomic Workers Union v. OSHA

The court denies a petition for an order compelling the Occupational Safety and Health Administration (OSHA) to cease unreasonable delay in rulemaking on hexavalent chromium. The court first holds that under the Occupational Safety and Health Act (OSH Act), 29 U.S.C. §655(f), it has jurisdiction to...

CPC Int'l, Inc. v. Northbrook Excess & Surplus Ins. Co.

The court holds that a corporation's insurance policy covered costs related to the 1979 discovery of contamination resulting from a 1974 perchloroethylene (PERC) spill. The court first notes that under Rhode Island law "property damage" and "occurrence" are inextricably intertwined. There can be no ...

Huntzinger v. Hastings Mut. Ins. Co.

The court holds that an insurance company does not owe a duty to defend and indemnify policyholders in an action arising out of the policyholders' maintenance of a solid waste dump on property subsequently sold to a developer. The court first holds that the policyholders have preserved only the owne...

National Solid Waste Management Ass'n v. Williams

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the appellant waste contractors' association does not have standing to challenge one of the waste disposal statutes...

Red River Serv. Corp. v. Minot, City of

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution's Commerce Clause. The court first holds that the city's policy does not have a discriminatory effect on interstate com...

Olin Corp. v. Yeargin, Inc.

The court holds that a chlorine manufacturer may bring contractual indemnification claims against a contractor for environmental costs, fines, and penalties incurred after the contractor's employees were exposed to mercury at the manufacturer's facility. The employees and their spouses, who also wer...

Guaranty Nat'l Ins. Co. v. Vic Mfg. Co.

The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that because the perc contamination is clearly within the insurance policy'...