The court holds that a company's indemnification claims for state and federal liability incurred for the cleanup of pollution on property it purchased from a bankruptcy trustee are barred by…
The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary…
The court holds that the government contractor defense was available to an operator of a gaseous diffusion plant in an action by neighboring landowners for environmental contamination of their…
The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the…
The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in…
The court holds that the attachment to landowners' development permits of conditions that require landowners to dedicate portions of their property for public use is not a taking of property…
The court holds that the Federal Rules of Evidence, and not the common-law "general acceptance" test, provide the standard for admitting expert scientific testimony in a federal trial.…
The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the…
The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict…
The court holds that the district court properly ruled that a public interest group is not a prevailing party under the Equal Access to Justice Act (EAJA), because the group conceded that its…