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Tri-State Rubbish, Inc. v. Gray, Town of

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

In re L.F. Jennings Oil Co.

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey Department of Environmental Protection, 16 ELR 20278 (1986), on the abandonm...

Patz v. St. Paul Fire & Marine Ins. Co.

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...

Metro Wastewater Reclamation Dist. v. Continental Casualty Co.

The court holds that the insurers of a local sewage authority are not required to defend the authority against claims brought by the U.S. Environmental Protection Agency (EPA) under §122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in connection with the aut...

Baird v. Norton

The court holds that two Michigan state legislators lack standing to challenge the Secretary of the Interior's approval of gaming compacts between the state of Michigan and four Native American tribes. The legislators—one a member of the state house, and the other a member of the state senate—cl...

Vogel v. Foth & Van Dyke Assocs.

The court affirms the dismissal of property owners' claim that a consulting firm negligently announced that land neighboring the owner's property was suitable as a potential landfill site even though the land was farmland and, thus, could not be used for a landfill. The landowners claimed that this ...

Cienega Gardens v. United States

The court holds that the Emergency Low-Income Housing Preservation Act's (ELIHPA's) and the Low-Income Housing Preservation and Resident Homeownership Act's (LIHPRHA's) mortgage prepayment restrictions did not effect a per se taking of residential apartment building owners' property. The Acts prohib...

Oxford Assocs. v. Waste Sys. Auth. of E. Montgomery County

The court reverses a district court's decision dismissing building owners' U.S. Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste generation fee structure effectively forced them to use the local facil...

Self v. Callahan

The court dismisses an individual's appeal of a district court order dismissing his motion to vacate two Resource Conservation and Recovery Act criminal convictions and adopting a magistrate judge's report and recommendation (R&R) to dismiss the individual's habeas corpus petition. The individua...

Solow Bldg. Co. v. ATC Assocs.

The court denies a bankrupt environmental management company's motions to dismiss property owners' Declaratory Judgment Act (DJA) action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the Clean Air Act when it improperly ...