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Maritime Energy v. Fund Ins. Review Bd.

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

EnergyNorth Natural Gas, Inc. v. Continental Ins. Co.

The court holds that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River in New Hampshire because the contamination caused by the operator was not accidental as required by its insurance policies...

Ohio River Valley Envtl. Coalition, Inc. v. Callaghan

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...

Southwest Williamson County Community Ass'n v. Slater

The court affirms the dismissal of a community association's motion for a preliminary injunction to halt the construction of a 4-lane, 77-mile highway around Nashville, Tennessee. Although the highway has been exclusively funded by the state, the association argued that the federal government failed...

National Tel. Coop. Ass'n v. Exxon Mobil Corp.

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner. The station performed the remediation pursuant to its corrective ...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

Kissimmee River Valley Sportsman Ass'n v. Lakeland, City of

The court holds that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a righ...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

Friends of Richards-Gebaur Airport v. Federal Aviation Admin.

The court denies petitions to review the Federal Aviation Administration's (FAA's) decisions to categorically exclude the closure of a Missouri city's airport from the National Environmental Policy Act's (NEPA's) environmental assessment (EA) requirement and to release the city's federal obligation ...

National Mining Ass'n v. Department of the Interior

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued tha...