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Weekly Cases Update Volume 48, Issue 12

Johnson Controls, Inc. v. Central National Insurance Co. of Omaha

48 ELR 20068
2014AP2050 (Wis. Ct. App., April 2018)

A Wisconsin appellate court held that an insurer had no duty to defend a manufacturing company for various environmental cleanup costs. The insurer issued the company multiple excess insurance policies, all of which provide a duty to defend only if an occurrence is covered under the excess...

Excess liability policy

Colorado Oil & Gas Ass'n v. City of Thornton

48 ELR 20067
2017 CV 31640 (Colo. Dist. Ct., April 2018)

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks prohibit what state regulations would allow. As such, they are...

Energy (generally), Land use

Diné Citizens Against Ruining Our Environment v. Jewell

48 ELR 20066
15-0209 (D.N.M., April 2018)

A district court dismissed environmental groups' NEPA and National Historic Preservation Act (NHPA) claims against BLM in connection with its approval of oil and gas drilling on public and tribal lands near Cacho Cultural National Historical Park. The court agreed that the groups have standing...

Hydraulic Fracturing, National Parks System

St. Bernard Parish Government v. United States

48 ELR 20065
2016-2301, -2373 (Fed. Cir., April 2018)

The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the government's construction and operation of the Mississippi...

Taking of private property