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Covanta Onondaga Ltd. v. Onondaga County Resource Recovery Agency

The court abstains from hearing a breach of contract claim between a bankrupt company and a county resource recovery agency. The company and the agency entered into a solid waste disposal agreement, which included a bond requirement that if the bond fell below investment rating, the company had 30 d...

El Paso Refinery, Ltd. Partnership v. TRMI Holdings, Inc.

The court affirms a district court decision allocating liability among past and present owners for contamination at an oil refinery site. The refinery was built in 1929 by a gasoline company. In 1984 it was spun off to a wholly owned subsidiary of the company that agreed to assume all responsibility...

Southern Utah Wilderness Alliance v. Norton

The court reverses and remands a district court decision holding that it lacked subject matter jurisdiction to review an environmental group's claims that the Bureau of Land Management (BLM) violated the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA) ...

New York Pub. Interest Research Group v. Whitman

The court holds that it lacked power under the Clean Air Act (CAA) to grant an environmental group's request to compel the U.S. Environmental Protection Agency (EPA) to disclose information addressing EPA's nationwide administration of CAA petitions. The group submitted petitions under the CAA to EP...

United States v. Caterpillar, Inc.

The court denies heavy-duty diesel engine manufacturers' motions to modify consent decrees they entered into with the U.S. Environmental Protection Agency (EPA) to settle claims that they violated the Clean Air Act and its implementing regulations by selling engines that emitted excess pollution and...

Andrews v. Holly Township

The court holds that it must abstain from hearing a case brought by property owners who claimed that a county ordinance making the lake on which their property sits a "no wake" lake is invalid under the Michigan Natural Resources and Environmental Protection Act (NREPA) and constitutes a taking in v...

Ball v. Versar, Inc.

The court dismisses several tort and contract claims that a hazardous waste site remediation company brought against the trustees of an Indiana Superfund site and two companies that performed environmental services at the site, but allows the remediation company to continue with its unjust enrichmen...

Central Delta Water Agency v. United States

The court holds that individuals and state agencies have standing to bring suit against the Bureau of Land Management (BLM) for possible damages from heightened water salinity that will occur in their area due to the BLM's water resources management plan even though the individuals and state agencie...

Daniels v. Area Plan Comm'n of Allen County

The court holds that a local planning commission violated property owners' Fifth Amendment rights by vacating a restrictive covenant in their neighborhood for a private purpose. The commission vacated the covenant, which restricted development to single-family homes, in order to allow a developer to...

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...