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New York v. Ludlow's Sanitary Landfill, Inc.

The court holds that an insurer need not provide coverage to a metal manufacturer that failed to give the insurer timely notice of a state claim seeking remediation of polychlorinated biphenyl (PCB) contamination. The manufacturer's insurance policies required it to immediately inform the insurer of...

AlliedSignal, Inc. v. Phoenix, City of

The court holds that a city is not immune from a company's negligence suit for allegedly delivering contaminated water to the company's facilities. The company sought damages for the cost of replacing corroded pipes in a fire protection sprinkler system and a permanent injunction and/or writ of mand...

Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that the sudden and accidental exception to the pollution exclusion cl...

Pierson Sand & Gravel, Inc. v. Keeler Brass Co.

The court holds that the doctrine of res judicata does not bar a state court from presiding over landfill owners' state-law claims for response costs from potentially responsible parties even though the owners already sought relief under the Comprehensive Environmental Response, Compensation, and Li...

Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Comm'n

The court holds that the commission regulating an interstate radioactive waste compact can impose on the state hosting the compact's radioactive waste facility a reasonable deadline for licensing the facility. The court first holds that the compact clearly authorizes the commission to set a reasonab...

Fuku-Bonsai, Inc. v. E.I. du Pont de Nemours & Co.

The court holds that a settlement agreement resolving product liability claims between a Hawaii ornamental plant company and a Delaware chemical company does not bar the plant company's subsequent claim that the chemical company fraudulently induced settlement. The court first holds that the plant c...

Yankton Sioux Tribe v. Gaffey

The court holds that the Yankton Sioux Tribe of South Dakota does not have tribal jurisdiction over reservation lands that fell out of U.S. government trust and eventually passed to non-Native Americans. An 1894 Act of Congress ceded certain reservation lands to the United States in trust for the tr...

United Waste Sys. of Iowa, Inc. v. Wilson

The court holds that Iowa's solid waste disposal program does not violate the federal Commerce Clause. The state program forbids garbage haulers from transporting a county's or city's waste to a facility not designated in that county's or city's comprehensive waste management plan. The court first h...

Waste Management Holdings, Inc. v. Gilmore

The court holds that waste management companies that own landfills in Virginia may bring suit to enjoin the enforcement of several recently enacted state statutes aimed at curtailing the flow of out-of-state municipal solid waste into the state. Landfills, which are privately operated under contract...

In re Pfohl Bros. Landfill Litig.

The court holds untimely all but two individuals' toxic tort claims against contributors to a landfill. The court first holds that all but two of the personal injury, survival, and wrongful death claims were time barred, because they were filed after both the state statute of limitations for toxic t...