The Fourth Circuit affirmed a lower court decision dismissing a widow's claim that a coal company committed fraud on the court and thereby deprived her husband, a coal miner, of nearly a decade of benefits under the Black Lung Benefits Act (BLBA). Because the coal company had admitted liability for ...
A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...
The Ninth Circuit granted in part and denied in part an environmental group's petition challenging EPA's conditional registration of a pesticide that uses nanosilver to suppress the growth of microbes that cause odors, stains, discoloration, and degradations in manufactured textiles such as clothing...
The Second Circuit affirmed a lower court decision finding oil companies liable for contaminating New York City wells with methyl tertiary butyl ether (MTBE) and awarding a $104.69 million judgment in favor of the city. A jury had found the companies liable under New York tort law for contaminating ...
The Second Circuit affirmed a lower court's grant of summary judgment in favor of a chemical manufacturing company sued by several individuals seeking to recover from injuries allegedly caused by their exposure to soil and drinking water polluted by hazardous wastes produced at a pesticide plant in ...
Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating their gr...
Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating their gr...
The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES) permitting requirements pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act. The ...
The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that the lead p...
The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations. The policy contained an absolute pollution exclusion clause, and he...