The court, on reargument of summary judgment motions necessitated by intervening Michigan Supreme Court decisions, holds that insurers of a beer manufacturer are not required to provide the manufacturer with coverage under its comprehensive general liability (CGL) insurance policies containing pollu...

The court holds en banc that the arbitrary and capricious standard of review applies to agency decisions not to prepare an environmental impact statement (EIS) under the National Environmental Policy Act. The court overrules its prior decisions holding that a reasonableness standard of review should...

The court holds that nonprofit organizations interested in protecting and preserving the waters of Ascension Parish, Louisiana, do not have standing to sue. The court finds that the organizations did not allege specific facts showing a direct injury to any of their members sufficient to confer stand...

The Court rules that a South Carolina beachfront regulation that prohibits construction seaward of a setback line cannot be sustained without paying just compensation for a developer's lost use of two vacant beachfront lots. The developer bought the lots, located on a South Carolina barrier island, ...

The court overrules a state appellate court decision holding that two bankruptcy trustees may be personally liable for violating Wisconsin's hazardous waste act after being appointed trustees in a liquidation proceeding. The state alleged that the trustees had allowed hazardous waste to be stored fo...

The court holds that none of the parties challenging the Virginia State Water Control Board's issuance of a state pollutant discharge elimination system (SPDES) permit to the city of Galax for the building of an enlarged sewage treatment plant has standing under Virginia's Administrative Process Act...

The court holds that the district court, in applying the rule of reason, did not abuse its discretion in dissolving an injunction when it held that the environmental impact statements (EISs) produced by the National Park Service (NPS), concerning the impact of any possible future mining activity in ...

The court holds in a case of first impression under Delaware law that the term "contaminants" in a comprehensive general liability policy pollution exclusion clause is unambiguous and carries no implied scienter element. The court holds that when a polluter discharges contaminants, whether or not he...

The court holds that a regulation of the Defense Nuclear Facilities Safety Board (Board) providing that the Board may close meetings, or portions of meetings, involving deliberations on its recommendations relating to the public health and safety, does not violate the Government in the Sunshine Act....

The court vacates and remands a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and Fourteenth Amendments to the U.S. Constitution, because the magistrate judge misapplied the legal standard for partial takings and failed ...