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Klamath Water Users Protective Ass'n v. Department of the Interior

The court reverses a district court decision that documents submitted by Native American tribes at the request of the U.S. Department of the Interior (DOI) in the course of consultation over ongoing proceedings involving water rights and allocations affecting the tribes' interests are exempt under t...

United Waste Sys. of Iowa, Inc. v. Wilson

The court holds that Iowa's solid waste disposal program does not violate the federal Commerce Clause. The state program forbids garbage haulers from transporting a county's or city's waste to a facility not designated in that county's or city's comprehensive waste management plan. The court first h...

Waste Management Holdings, Inc. v. Gilmore

The court holds that waste management companies that own landfills in Virginia may bring suit to enjoin the enforcement of several recently enacted state statutes aimed at curtailing the flow of out-of-state municipal solid waste into the state. Landfills, which are privately operated under contract...

Hill v. Conway, Town of

The court affirms a district court dismissal of a property owner's 42 U.S.C. §1983 suit, which alleged a New Hampshire town effectuated an uncompensated taking of the owner's property, for lack of subject matter jurisdiction. Before seeking relief in federal court, the owner initiated two lawsuits ...

Royal Ins. Co. of Am. v. Kirksville College of Osteopathic Med.

Applying Missouri law, the court holds that insurers had a duty to defend a college in a trespass claim against its neighbor. The neighbor filed negligence and trespass claims against the college after the college punctured an underground storage tank on the neighbor's property. The court first hold...

In re Pfohl Bros. Landfill Litig.

The court holds untimely all but two individuals' toxic tort claims against contributors to a landfill. The court first holds that all but two of the personal injury, survival, and wrongful death claims were time barred, because they were filed after both the state statute of limitations for toxic t...

Briggs & Stratton Corp. v. Royal Globe Ins. Co.

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...

Gould Elecs., Inc. v. United States

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...

New York v. Gleave

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...

Santini v. Connecticut Hazardous Waste Management Serv.

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...