Case Summaries

Environmental Law

[08/26] Cannon v. Gates
In an action claiming violations of the Solid Waste Disposal Act and the Administrative Procedures Act, dismissal of the case for lack of subject matter jurisdiction is affirmed where the district court properly applied the jurisdiction-stripping provision at 42 U.S.C. section 9613(h) because plaintiffs' suit constitutes a challenge to the government's selected removal action.

[08/25] US v. MV Sanctuary
Warrant authorizing the Environmental Protection Agency (EPA) to inspect the M/V Sanctuary for polychlorinated biphenyls (PCBs) is affirmed where the EPA has authority to obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA).

[08/20] El Comite para el Bienestar de Earlimart v. Warmerdam
In a challenge under section 304 of the Clean Air Act (CAA) brought by a coalition of community organizations against California state officials responsible for designing and implementing a state air quality plan, challenging the process by which EPA approval of the plan was obtained and the final outcome of the approval process, summary judgment for plaintiff and a remedies order are reversed and vacated where, because section 304 of the CAA provides jurisdiction only to enforce an "emission standard or limitation," and because the challenged conduct did not implicate such a standard or limitation, the court was without jurisdiction to order a remedy.

[08/20] James River Ins. Co. v. Ground Down Engineering, Inc.
In plaintiff-insurer's claim seeking a declaratory judgment that it is not obligated to provide a legal defense to defendant-insured, dismissal of claim is vacated where: 1) district court erred in holding that the pollution exclusion does not apply; and 2) the pollution exclusion clearly covers the claims asserted against defendant.

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Injury & Tort Law

[08/27] Ramirez v. Knoulton
In a suit alleging excessive force by defendant-police officer for shooting plaintiff during his arrest, denial of summary judgment to defendant is reversed where defendant acted reasonably in deciding to use deadly force, and no constitutional violation therefore occurred.

[08/27] Khorrami v. Rolince
In a suit alleging violations of due-process rights by government agents who detained plaintiff while investigating the September 11, 2001 terrorist attacks, an interlocutory appeal of the denial of a grant of qualified immunity to defendants is dismissed for lack of appellate jurisdiction where the district court's deferral of a ruling on the government's qualified immunity motion was not equivalent to a denial of the motion.

[08/26] Grynberg v. Total S.A.
In two suits against oil companies raising tort claims for breach of fiduciary duty and equitable claims for unjust enrichment involving potential oil and gas reserves in Kazakhstan, summary judgment for defendants is affirmed where the claims were barred by the applicable statute of limitations and laches.

[08/26] Duncan v. Workers' Comp. Appeals Bd.
Workers' Compensation Appeals Board (WCAB) decision granting reconsideration is annulled where the WCAB erred in holding that a sanction can be imposed against the Uninsured Employers Benefits Trust Fund (UEBTF), if its "failure to comply with the award of attorney's fees resulted from willful or bad faith actions".

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Admiralty

[08/25] In Re: S. Scrap Material Co. LLC
In an action in which the United States sought to bring a personal liability claim under the Wreck Act for removal of a sunken drydock, a judgment lifting and modifying an injunction to allow the liability claim to proceed is affirmed where: 1) the government could state a personal liability claim under the Wreck Act for the recovery of its actual cost of removing a sunken vessel from a navigable waterway without alleging that the vessel owner negligently caused the sinking; and 2) the Limitation of Liability Act did not apply to limit the recovery by the government of wreck removal costs under the Wreck Act.

[08/25] US v. MV Sanctuary
Warrant authorizing the Environmental Protection Agency (EPA) to inspect the M/V Sanctuary for polychlorinated biphenyls (PCBs) is affirmed where the EPA has authority to obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA).

[08/22] Williamson v. Recovery Ltd. P'ship
In maritime claim against defendants for alleged nonpayment of contracts, decision in favor of plaintiffs is affirmed where: 1) the contracts between plaintiffs and defendants are maritime contracts; 2) the notice requirements of Rule B were met; 3) equitable factors did not weigh in favor of vacating the maritime attachments; and 4) a Rule 11 hearing was not required.

[08/21] Lloyd's of London v. Pagan-Sanchez v. Caribbean Boat Mfg. and Servs.
In a case involving maritime insurance, denial of plaintiff-insurers' motion for summary judgment that payment under its policy was excused by the insured's breach of warranty is reversed where the district court erroneously applied a different view from the prevailing view, in both federal law and state maritime insurance law, that a breach of warranty will excuse the maritime insurer from payment regardless of any causal connection to the loss.

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