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Idaho Sporting Congress v. Alexander

The court reverses a district court dismissal of two counts of an environmental group's suit alleging that five U.S. Forest Service (Forest Service) timber sales in the Payette National Forest in Idaho violate the National Forest Management Act (NFMA). The two dismissed counts alleged that the Fores...

Lessord v. General Elec. Co.

The court denies manufacturers' motions to dismiss property owners' common-law claims against them for allegedly contaminating the owners' land. The manufacturers argued that the property owners' claims were time barred under New York law. Under state law, the property owners had either three years ...

Vermont Pub. Interest Research Group v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's (FWS') final supplemental environmental impact statement (FSEIS) for its program to control the population of sea lampreys in Lake Champlain and its tributaries was adequate. In addition to employing physical barriers and trapping to reduce a...

Berg v. Popham

The court certifies to the Alaska Supreme Court the question of whether a manufacturer who sells a useful product that uses hazardous substances may be liable as an arranger of hazardous substance disposal under Alaska Statute §46.03.822(a)(4) if the product, when used as designed and installed...

Thomas v. New York State Dep't of Correctional Servs.

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

Boerman v. American Empire Surplus Lines Ins. Co.

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

520 E. 81st St. Assocs. v. State

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

Campanale & Sons, Inc. v. Evans

The court holds that the National Marine Fisheries Service (NMFS) failed to satisfy the Atlantic Coastal Fisheries Management Act's (Atlantic Coastal Act's) consultation requirement before promulgating a final rule governing lobster fishing in the exclusive economic zone (EEZ) off the U.S. Atlantic ...

New W. Urban Renewal Co. v. Viacom, Inc.

The court holds that New Jersey's discovery rule does not toll a property owner's environmental contamination claims against the seller and, therefore, the claims are barred by the six-year statute of limitations. The owner purchased the property in 1983, and after conducting an environmental invest...