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Sable v. General Motors Corp.

The court holds time barred a trespass action that an estate's representative brought against several companies for nonremoval of chemicals that they allegedly dumped on the decedent's land. The court first holds that the district court did not err in denying plaintiff's motion to remand the case to...

In re Marine Shale Processors, Inc.

The court refuses to issue a writ of mandamus overturning a district court refusal to order the U.S. Environmental Protection Agency (EPA) not to initiate enforcement action against hazardous waste generators for shipping material to petitioner hazardous waste treatment company, which lacks a Resour...

Florida Audubon Soc'y v. Bentsen

The court holds that environmental groups lack standing to challenge the U.S. Treasury Department's failure to prepare an environmental impact statement for its authorization of an alternative fuel additive tax credit. The groups claimed that the tax credit would encourage production of an ethanol-d...

California Forestry Ass'n v. Thomas

The court holds that timber companies, a trade association, and a county lack constitutional and prudential standing to challenge the U.S. Forest Service's interim guidelines on managing spotted owl habitat in California's western Sierra Nevada national forests. Plaintiffs alleged that the guideline...

Airport Neighbors Alliance, Inc. v. United States

The court holds that the National Environmental Policy Act (NEPA) does not require the Federal Aviation Administration (FAA) to consider the master plan for an airport's expansion in an environmental assessment (EA) of the upgrade of one runway. The court first holds that the issue is not moot, even...

Waste Management of Pennsylvania, Inc. v. Shinn

The court holds that New Jersey's self-sufficiency policy, whose goal is to eliminate the use of out-of-state disposal facilities by the year 2000, violates the Commerce Clause of the U.S. Constitution. The state implemented the policy by either rejecting long-term out-of-state disposal contracts, i...

In re SDDS, Inc.

The court directs a district court to enjoin South Dakota state officials from relitigating in state court issues that the federal circuit court has already decided concerning the permitting of a solid waste disposal facility. In SDDS, Inc. v. South Dakota, 25 ELR 20967 (1995), the circuit court eff...

Jones v. Texaco, Inc.

The court holds that the owners of a contaminated site may not recover damages for negligence, gross negligence, or strict liability from an oil company that previously owned the site and used it to dispose of oil-field waste. The court first holds that Texas' two-year statute of limitations for pro...

U.S. Postal Serv. v. Phelps Dodge Ref. Corp.

The court rescinds a contract under which a metal refining company sold a contaminated site in Queens, New York, to the U.S. Postal Service. Applying New York law, the court first holds that breach of contract can be grounds for rescission. The company breached its contract with the Postal Service b...

Los Angeles, City of v. Department of Agric.

The court holds that an electric utility company lacks standing under the National Environmental Policy Act (NEPA) to challenge a U.S. Forest Service environmental impact statement approving a competing company's construction of a crude oil pipeline. The court first holds that the evidence clearly s...