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Ellison v. Connor

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their property subject to a perpetual flowage, channel, and disposal easement...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former owner, and then proceeded to clean up the property before relie...

Davis Bros. v. Thornton Oil Co.

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former sublessee operated a gasoline station at the site, which was next ...

Bankcorpsouth Bank v. Environmental Operations, Inc.

A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an interest, but it dismissed the bank's strict liability and negl...

Saline River Properties, LLC, v. Johnson Controls, Inc.

A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an administrative order on consent that requires the former owner ...

Beard v. South Carolina Coastal Council

The court holds that the permit administrator and South Carolina Coastal Council's denial of an application to build a new bulkhead on beachfront property in violation of the state Coastal Zone Management Act does not constitute an unconstitutional taking of the land between the existing and propose...

Mario v. Fairfield, Town of

The court upholds a Connecticut municipality's regulation requiring owners of land partially within designated wetlands areas to obtain municipal approval before erecting structures on the land's nonwetlands portion. The court first holds that the regulation does not impermissibly expand the jurisdi...

Public Interest Research Group of N.J. v. Star Enter.

The court denies defendants' certification motion to bring an interlocutory appeal of the court's earlier ruling that defendant is liable in a Federal Water Pollution Control Act (FWPCA) citizen suit for violating its national pollutant discharge elimination system permit and for permanent injunctiv...

Lumbermens Mut. Casualty Co. v. Belleville Indus.

The court holds that the "sudden and accidental" exception to the pollution exclusion clause in a comprehensive general liability insurance policy does not require an insurer to provide coverage of an insured manufacturing company's liability for environmental cleanup costs arising from ordinary bus...

Arcade Water Dist. v. United States

The court holds that a district court erred in concluding that a Federal Tort Claims Act (FTCA) suit by a water district against the United States for contamination of a well by a military laundry is barred by the FTCA's two-year statute of limitations. Applying California law, the court holds that ...