The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution's Commerce Clause. The court first holds that the city's policy does not have a discriminatory effect on interstate com...
The court holds that a chlorine manufacturer may bring contractual indemnification claims against a contractor for environmental costs, fines, and penalties incurred after the contractor's employees were exposed to mercury at the manufacturer's facility. The employees and their spouses, who also wer...
The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that because the perc contamination is clearly within the insurance policy'...
The court holds that two endorsements to a helicopter company's aircraft liability insurance policy do not provide coverage for damages resulting from an oil spill at a hospital's helipad. The hospital contracted with the company for emergency transport services. After obtaining a jury verdict again...
The court holds that the Secretary of Transportation's failure to issue an environmental impact statement (EIS) in connection with an order awarding takeoff and landing slots to airlines at LaGuardia Airport in New York did not violate the National Environmental Policy Act (NEPA). The Secretary gran...
The court holds that the U.S. Constitution does not mandate retroactive application of a Pennsylvania Supreme Court decision to a waste disposal company owner who was convicted under state law for operating a hazardous waste facility without a permit. The waste facility operator and a co-defendant e...
The court holds that the Court of Federal Claims has jurisdiction over a drilling company's takings and contract claims against the United States arising from the Bureau of Land Management's (BLM's) refusal to issue drilling permits for federal lands covered by the company's mining leases. The court...
The court holds that a district court erroneously dismissed foreign plaintiffs' environmental and personal injury claims against a U.S. oil company on the grounds of forum non conveniens, comity, and failure to join an indispensable party. The claims alleged that members of the indigenous tribes suf...
The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...
The court denies a motion to certify for immediate appeal its previous order holding that abstention was unwarranted in a college's Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act suit against a town. The court first holds that the tow...