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In re Grand Jury 95-1

The court holds that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defendant is not entitled to access to materials from an earlier grand jury proceeding conducted by the judge presiding over the CERCLA trial. The court first holds that defendant does not need the ...

Powers v. Vista Chem. Co.

The court holds that a former petrochemical plant employee failed to prove that the plant terminated him in retaliation for his disclosure of an environmental violation to his supervisor and, therefore, is not entitled to compensation under Louisiana's environmental whistleblower statute. The court ...

Lindsay Manufacturing Co. v. Hartford Accident & Indem. Co.

The court holds that, pursuant to Nebraska law, the "as damages" language in a comprehensive general liability (CGL) insurance policy issued to a manufacturing company that disposed of spent pickle liquor into an open, unlined waste pit includes environmental response costs. The court determines tha...

Southwestern Pa. Growth Alliance v. Browner

The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of Pennsylvania's request to redesignate the Pittsburgh-Beaver Valley area from nonattainment to attainment status for ozone under the Cl...

Brown v. Olin Chem. Corp.

The court affirms a district court's grant of summary judgment to a Louisiana sulfuric acid manufacturer, emissions from which allegedly harmed a casino and its employees. In order to complete construction of a riverboat, the casino rented riverfront space near the manufacturer. During construction,...

Friends of Van Cortlandt Park v. New York, City of

The court certifies a question to the New York Court of Appeals whether state legislative approval is required before New York City can construct a water treatment plant (WTP) under parkland in the Van Cortlandt Park in the Bronx. The city planned to build the WTP pursuant to a consent decree betwee...

Baker v. Coxe

The court affirms a district court decision holding that various state environmental officials' delay in approving a permit to build a pier did not violate the applicants' due process, equal protection, or First Amendment rights. In 1991, the applicants, who own a tree farm on an island off the coas...

Anderson v. Red River Waterway Comm'n

The court affirms a district court's grant of summary judgment in favor of a local commission charged with maintaining and operating the Red River Waterway in Louisiana in an inverse condemnation suit brought against it by riparian landowners whose property was flooded after the U.S. Army Corps of E...

Pownal Dev. Corp. v. Pownal Tanning Co.

The court affirms a trial court decree allowing a developer to partially foreclose on nine parcels of land while not foreclosing on a 10th contaminated parcel. A tannery owned the land at issue and contaminated the land surrounding its mill. The mill parcel was listed as a Superfund site and underwe...

Soho Alliance v. New York City Bd. of Standards & Appeals

The court affirms the New York City Board of Standards and Appeals' (BSA's) decision to grant use variances permitting the development of two neighboring properties in a New York City historic district and to issue a negative declaration that the development did not require an environmental impact s...