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Pasadena, City of v. Kinsel Indus., Inc.

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions denying a city's plea to jurisdiction in a case involving dispute...

Earth Island Inst. v. Ruthenbeck

The Ninth Circuit upheld a lower court decision invalidating U.S. Forest Service regulations governing the review of decisions implementing forest plans, but remanded the court's judgment with respect to the remaining challenged regulations on ripeness grounds. Only two of the regulations, 36 C.F.R....

Bethelite Community Church v. Department of Envtl. Protection

The court held that the lower court erred in granting a petition to annul a city's determination denying a church a full exemption from water and sewer charges. The lower court granted the petition without first affording the city an opportunity to answer. Accordingly, the case was remanded for furt...

Borg-Warner Corp. v. Flores

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm. Here, the mechanic's expert testified that brake mechanics cou...

Kemper/Prime Indus. Partners v. Montgomery Watson Ams., Inc.

The court upheld the dismissal of a property owner's negligent misrepresentation claim against an environmental assessment (EA) company that failed to reveal the full extent of contamination of the owner's land. The owner purchased the property in 1990 after receiving the company's assessment report...

Gallenthin Realty Dev., Inc. v. Paulsboro, Borough of

The Supreme Court of New Jersey held that the New Jersey Constitution authorizes government redevelopment of "blighted areas" only. The case arose after a town classified a 63-acre parcel of largely vacant wetlands as "not fully productive." This classification rendered it "in need of redevelopment"...

Trout Unlimited v. Lohn

A district court held that National Oceanic and Atmospheric Administration-Fisheries (NOAA-Fisheries) did not violate the National Environmental Policy Act (NEPA) when it chose not to prepare an environmental impact statement (EIS) or environmental assessment for its Hatchery Listing Policy (HLP) fo...

United States v. Rockwell Int'l Corp.

The court, on remand from the U.S. Supreme Court, affirmed a lower court judgment in favor of the U.S. government but vacated judgment in favor of an individual who filed a qui tam action against a nuclear weapons plant for pollution, environmental law violations, and breach of contract claims. The ...

United States v. Massachusetts

The court vacated a lower court decision in favor of the U.S. government in their suit seeking to enjoin enforcement of a Massachusetts law designed to reduce the risk of maritime oil spills and to ensure that adequate resources are available to remedy such spills. The U.S. government filed suit aga...

Muzzy Ranch Co. v. Solano County Airport Land Use Comm'n

The Supreme Court of California held that an airport land use commission's adoption of a land use compatibility plan was exempt from environmental review under the California Environmental Quality Act (CEQA). CEQA exempts from further environmental review projects that have no potential to cause a s...