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Nestle USA-Beverage Div., Inc. v. Manasquan River Reg'l Sewerage Auth.

The court holds that the New Jersey Sewerage Authorities Law does not authorize a regional sewerage authority to charge a user already in the system an additional connection fee for increasing its wastewater flow. The user will pay an increased service charge based on the additional daily gallonage ...

Alaska v. United States

The court holds that title to the bed of the Kukpowruk River in Alaska did not pass from the federal government to the state of Alaska when Alaska became a state in 1959. In public land order (PLO) 82 issued in 1943, the federal government withdrew the land in which the riverbed lies from sale, loca...

In re St. Lawrence Corp.

The court holds that a bankruptcy court correctly allowed a Chapter 7 trustee to abandon real property of the bankruptcy estate over a state environmental agency's objection. The agency argued that although a trustee may abandon property of an estate that is burdensome or of inconsequential value an...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will not conceptually sever each landowner's fee interest into discr...

Morrow Corp. v. Harleysville Mut. Ins. Co.

The court holds that two insurers did not have a duty to defend or a duty to indemnify an insured dry cleaning store owner for soil and groundwater contamination while policies containing absolute pollution exclusion clauses were in effect, but one of the insurers had a duty to defend the insured un...

Pacific Indem. Co. v. Bellefonte Ins. Co.

The court affirms in part and reverses in part a lower court judgment determining that an insurer of the San Diego Bay Port District had a duty to defend the district from a citizen suit alleging that the district breached the public trust doctrine by failing to protect the bay, its animals, and its...

In re Riverkeeper v. New York Dep't of Envtl. Protection

The court enjoins New York City's environmental agency from implementing a September 18, 1998, memorandum allowing slopes that are greater than 15% but less than 20% to be modified to 15% or flatter through the use of fill in order to meet the city's slope requirements for subsurface septic systems....

Scott's Liquid Gold, Inc. v. Lexington Ins. Co.

The court holds that under Colorado law, the insurer of a manufacturer that contributed to the contamination of groundwater surrounding the Rocky Mountain Arsenal must pay the manufacturer $392,286 in unreimbursed settlement payments, but the insurer need not pay $373,158 of the manufacturer's unrei...

New York City Envtl. Justice Alliance v. Giuliani

The court holds that environmental groups did not show that New York City's plan to sell or bulldoze lots containing community gardens would have an impermissible adverse impact on minority communities. The groups opposed the city's plan claiming that it would violate U.S. Environmental Protection A...

Connecticut v. Cahill

The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...