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Association of Battery Recyclers, Inc. v. EPA

The court upheld in part and vacated in part U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) regulations, known collectively as the Land Disposal Restrictions (LDR) Phase IV rule, addressing residual or secondary materials generated in mining and mineral proc...

American Wildlands v. Browner

The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of several Montana water quality standards. The court first holds that the environmental organizations challenging EPA's approval have standing. The organizations' members established that they have suffered an injury-in-f...

Aluminum Co. of Am. v. Accident & Casualty Ins. Co.

The court affirms a trial court's holdings regarding insurance coverage for an aluminurn producing company for environmental damage under comprehensive general liability (CGL) policies and for property damage under differences in conditions (DIC) policies, but reverses the court's treatment of the i...

Environmental Defense Fund v. EPA

The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act. The court first holds that EPA did not clearly err in interpr...

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...