Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Eastern Ky. Resources v. Fiscal Court of Magoffin County

The court holds that a state's solid waste disposal program that requires the identification of additional capacity for out-of-state waste before a plan is approved does not violate the U.S. Commerce Clause. The court first holds that the program does not facially discriminate against interstate com...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent representation claims based on the manufacturer's alleged off-label stateme...

United States v. Jenks

The court holds that a ranch owner with inholdings within the Apache National Forest and the Gila River Forest Reserve in New Mexico does not have a preexisting patent right or a common-law easement allowing access to the inholdings. The court first holds that the government's claims regarding the r...

New York v. Solvent Chem. Co.

The court holds that future Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution actions by settling private defendants against private nonsettlors at a New York Superfund site will be governed by the Uniform Comparative Fault Act (UCFA) and CERCLA §113(f)(1),...

Tamarind Resort Assocs. v. Government of the Virgin Islands

The court affirms that the denial of a Coastal Zone Management Act (CZMA) permit did not breach a contract between a developer and the government of the Virgin Islands allowing for the development of an island off the coast of St. Thomas. The court first holds that the agreement unambiguously grants...

Kalamazoo River Study Group v. Rockwell Int'l Corp.

The court holds that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 cost recovery actions are not available to potentially responsible parties (PRPs) and that divisibility of harm is not a defense to §113 contribution claims. The court first holds that CERCLA d...

Lyall v. Leslie's Poolmart

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts failure to warn claims brought by the purchasers of a container of chlorine tablets, but that FIFRA does not preempt their defective packaging and product design claims. The court first holds that the purch...

Maritrans, Inc. v. United States

The court holds that shipping companies have a Fifth Amendment property interest in their single-hulled oil tankers. The companies brought suit against the United States alleging that their single-hulled tankers were effectively taken by the Oil Pollution Act requirement that all single-hulled vesse...

Bednar v. Bassett Furniture Mfg. Co.

The court holds that plaintiffs in a toxic tort case produced sufficient evidence to show that a piece of furniture emitted levels of gaseous formaldehyde known to cause the type of injuries suffered by the plaintiffs' child. The court first holds that the plaintiffs produced substantial evidence of...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service's consideration of a fire's effects on a proposed timber sale in the Colville National Forest in Washington was not arbitrary and capricious. After a fire burned 10,000 acres, including 133 acres of the proposed timber harvest area, the Forest Service pre...