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Commander Oil Corp. v. Advance Food Serv. Equip.

The court, applying New York law, holds that indemnification provisions in an asset purchase agreement between a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) defendant and a third-party defendant, when read in connection with a lease related to the agreement, are amb...

Fund for Animals v. Espy

The court holds that a nonprofit organization has standing to seek a preliminary injunction to prevent the implementation of a research study by the Department of Agriculture (DOA) on the transmission of brucellosis from wild bison in Yellowstone National Park to cattle outside the park without DOA ...

Gilliam County v. Department of Envtl. Quality

The court holds that state statutory provisions authorizing regulations that impose a surcharge on disposal of out-of-state solid waste are unconstitutional and severable, but that the surcharge does not violate the Commerce Clause of the U.S. Constitution. The court first holds that the surcharge r...

Dolan v. Tigard, City of

The court holds that the attachment to landowners' development permits of conditions that require landowners to dedicate portions of their property for public use is not a taking of property that violates the Fifth Amendment of the U.S. Constitution. A city granted the landowners' application for re...

Chaveriat v. Williams Pipe Line Co.

The Seventh Circuit upholds a district court's grant of summary judgment to the defendant prior owner of a petroleum carrying pipeline on plaintiffs landowners' claim for nuisance damages from a 1944 leak of unleaded gasoline. In 1986, while trying to sell the land, the landowners discovered petrole...

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

The court holds that a tank truck company is not entitled to summary judgment on claims against its insurers for indemnification of costs resulting from a government action against it under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to soil and gr...

CPC Int'l, Inc. v. Aerojet-General Corp.

Applying Michigan law to an insurance dispute, the court adopts the doctrines of known-risk and loss-in-progress, and denies coverage because the insured's environmental director knew or reasonably should have known of a substantial probability of a loss caused by groundwater contamination at the si...

Bituminous Casualty Corp. v. Tonka Corp.

The court holds that an insurer has no duty under its comprehensive general liability insurance (CGL) policies to defend or indemnify a toy manufacturer subject to state administrative enforcement proceedings to remedy groundwater contamination resulting from the insured's release of trichloroethyle...

New York, City of v. Mineta

The court holds that the Secretary of Transportation did not violate the National Environmental Policy Act (NEPA) or the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) in granting take-off and landing slots to airlines servicing New York's Kennedy and LaGuardia Airpo...

Harbours Pointe of Nashotah, L.L.C. v. Nashotah, Village of

The court affirms a district court holding that a development company failed to exhaust adequate state remedies in challenging as a taking a special assessment levied by a village. In 1980, the village entered an agreementto construct a local sewer system and levied reserve capacity assessments to f...