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Morris v. AGFA Corp.

The court held that Texas is a suitable alternative forum for a family's California survival and wrongful death action against a chemical manufacturer in a case involving their husband and father who contracted fatal leukemia due to his alleged exposure to chemicals in both California and Texas. The...

W.R. Grace & Co. v. Weja, Inc.

The court reversed and remanded a lower court decision dismissing a property owner's claims against the former tenants and operators of a gas station in New Jersey and two oil companies that supplied gasoline to the site. There were issues of material fact as to whether delivery spills and overfills...

In re Exxon Valdez

The court cut nearly in half the $4.5 billion punitive damages award against Exxon Mobil in connection with its 1989 oil spill in Prince William Sound, Alaska. The ratio of punitive damages to actual economic harm resulting from the spill exceeded by a material factor the ratio that would be appropr...

Hallco Texas, Inc. v. McMullen County

The court dismissed a landowner's takings claim against a county for denying it a variance from a local ordinance that prohibits landfills within three miles of a water-supply reservoir. The action was barred by res judicata. The facts relevant to the landowner's present takings claim—the coun...

North Kern Water Storage Dist. v. Kern Delta Water Dist.

An appellate court reversed a lower court decision concerning the forfeiture of certain previously appropriated waters of the Kern River. The parties' primary dispute concerned the theoretical entitlement of a junior user versus the volume of water actually available to that user on a given day. The...

California Farm Bureau Fed'n v. State Water Resources Control Bd.

A California appellate court reversed state agency legislation implementing emergency regulations and imposing new annual fees on holders of water right permits and licenses under California Water Code §1525. As applied through the emergency regulations, the annual fees are unlawful taxes in vi...

Central Valley Chrysler-Jeep, Inc. v. Witherspoon

A district court stayed an automobile industry lawsuit over California's greenhouse gas rules for cars pending the outcome of the U.S. Supreme Court's decision in Massachusetts v. U.S. Environmental Protection Agency (EPA), 415 F.3d 50, 35 ELR 20148 (D.C. Cir. 2005), cert. granted, 126 S. Ct. 2960 (...

McAllister v. Monterey, County of

An appellate court upheld the dismissal of an individual's lawsuit against a county for approving a coastal development permit on his neighbor's property. In administrative proceedings conducted by county officials and later by the California Coastal Commission, the real parties-in-interest—de...

Concerned McCloud Citizens v. McCloud Community Servs. Dist.

An appellate court reversed a lower court decision vacating an agreement between a water district and a water company for the sale and purchase of spring water. Local groups argued that the district failed to conduct any environmental review under the California Environmental Quality Act (CEQA) prio...