The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds that the record is unclear as to what burden of proof the trial c...

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims regarding the packaging of the pesticides. The employee alleged that she...

The court holds that a state zoning board failed to properly consider the historical significance of an area before granting a granite mining operation a conditional use permit, and, therefore, the permit is vacated. A Native American village challenged the board's grant of the permit. The court fir...

The court holds that a district court erroneously dismissed an indictment charging an individual for knowingly disposing of domestic septage on a public contact site in violation of the Clean Water Act (CWA). The individual allegedly pumped sewage material from a septic tank located at a bar and the...

The court holds that the equitable doctrine of laches bars a community group's Administrative Procedure Act and Clean Water Act (CWA) claims seeking to prevent the permitted filling of a wetland and, hence, to stop further development of a neighboring industrial park. After their attempt to stop the...

The court holds that summary judgment was improvidently granted in favor of the U.S. Army Corps of Engineers in a suit brought by property owners who claimed that the Corps' refusal to grant the owners a Clean Water Act (CWA) §404 dredge and fill permit for 50 acres of submerged lands constituted a...

The court holds that a trial court incorrectly concluded that a city ordinance regulating junkyards was a zoning ordinance subject to notice-and-hearing requirements. A junkyard owner who had been cited for several violations of the ordinance claimed that the ordinance was inapplicable because it wa...

The court holds that neither an amended Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) consent decree between a waste handler and the United States nor a previous trust agreement with other CERCLA defendants bound a waste handler to sign a new trust agreement. The dis...

The court holds that a local utilities authority was not authorized under the New Jersey Municipal and Counties Utilities Authorities Law (MCUAL) to charge prior users of the authority's waste disposal facilities an environmental investment credit (EIC). The authority imposed the EIC in order to liq...

The court holds on motions for summary judgment that a manufacturer and a newspaper company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for allowing a landowner to dispose of their waste on his property without a permit. The court first holds t...