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Davis Oil Co. v. TS, Inc.

The court holds that under Louisiana law, the successor to a former oil company is directly liable for the cleanup costs of an abandoned oil lease site. When the original lessee conveyed to the company an oil and gas lease, the company consented to the inclusion of a covenant to clean up the leased ...

Auburn, City of v. United States

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

Foundation for Horses & Other Animals v. Babbitt

The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...

Hughes River Watershed Conservancy v. Johnson

The court holds that the U.S. Army Corps of Engineers' and the Natural Resources Conservation Service's decision to construct a dam on the Hughes River in West Virginia complied with the National Environmental Policy Act (NEPA). In a prior decision, the court directed the agencies to take a hard loo...

Houlton Citizens' Coalition v. Houlton, Town of

The court holds that a Maine town's solid waste flow-control ordinance, coupled with its grant of an exclusive hauling and disposal contract to a local contractor, does not violate the dormant U.S. Commerce Clause. The court first holds that the town's ordinance does not discriminate on its face aga...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first holds that the district court had subject matter jurisdiction ov...

Goshen Rd. Envtl. Action Team v. Department of Agric.

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands facilities. The manufacturer acquired the two facilities from s...

Boothbay, Town of v. Getty Oil Co.

The court holds that under Maine law, the doctrine of res judicata bars a town from suing a gasoline company for environmental damage affecting the town's water supply insofar as the state previously litigated and settled claims against the same company for the same environmental damage. The court f...

Fiore v. White

The Court certifies to the Pennsylvania Supreme Court the question of whether it either correctly applied Pennsylvania's hazardous waste law or changed the application of the law when it held in Commonwealth v. Scarpone, 535 Pa. 273 (1993), that a hazardous waste facility operator holding a permit c...