The court upholds a district court decision that the U.S. Navy's environmental impact statement (EIS) for the construction of an aircraft landing field in North Carolina was deficient under the National Environmental Policy Act (NEPA), but it vacates the court's injunction of the project as overly b...
The court vacates a preliminary injunction granting Alabama and Florida's motion to bar the U.S. Army Corps of Engineers and Georgia from implementing a settlement agreement concerning water allocation in the Apalachicola-Chattahoochee-Flint river basin. An injunction is limited to prospective relie...
The court affirms a district court order holding that an insurer must indemnify a lead smelting company for cleanup costs and expenses resulting from lead pollution at the company's facility in West Dallas, Texas. Although the company entered into a tolling agreement with the U.S. Environmental Prot...
A court holds that insurance companies have no duty to defend or indemnify a scrap metal company for underlying environmental contamination claims stemming from the illegal disposal of salt cake. One insurer had no duty to defend or indemnify the company because the evidence clearly demonstrated tha...
A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement work at its property. The owner claimed that the abatement company'...
A court dismisses on motions for summary judgment landowner's trespass, negligence, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against their neighbor for groundwater contamination. The landowners failed to set forth evidence that their neighbor breached...
A court dismisses an individual's qui tam action against various airports for certifying that their actions complied with various environmental laws in order to obtain funds from the Federal Aviation Administration. Specifically, the individual argued that the airports' deicing operations violated t...
A court holds that portions of an environmental impact report (EIR) for a water quality improvement program in the San Francisco Bay comply with the California Environmental Quality Act. The court rejected the majority of challenges that concerned the adequacy of the EIR's analysis of impacts on the...
A court orders a lower court to grant a county's motion to dismiss on ripeness grounds an inverse condemnation action brought by a land developer. The developer argued that a land use regulation, as applied to its property, constituted a taking under the federal and California Constitutions. The cou...
The court upholds the denial of a company's request for attorneys fees stemming from an unsuccessful U.S. Environmental Protection Agency (EPA) action against it for discharging dredge and fill material into wetlands without a permit. An administrative law judge initially held that the company viola...