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Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination. Under Louisiana law, a property owner has no right or actual interes...

Dow Agrosciences LLC v. National Marine Fisheries Service

A district court upheld a NMFS biological opinion (BiOp) concluding that EPA's registration decisions under FIFRA for three insecticides—chlorpyrifos, diazinon and malathion—were likely to jeopardize the continued existence of 27 protected species of salmon and steelhead fish and would destroy o...

Cunney v. Board of Trustees of the Village of Grand View

The Second Circuit reversed a lower court decision dismissing a property owner's lawsuit against a zoning district that denied his variance request to build a single-family home on his land. The district denied his application because his proposal did not comply with a local zoning law that sets...

Industrial Truck Ass'n v. Henry

The court holds that, as applied to industrial truck manufacturers and distributors, the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration's (OSHA's) hazard communication standard (HCS) preempt enforcement of the occupational warning requirements unde...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent representation claims based on the manufacturer's alleged off-label stateme...