The court holds that two insurance companies have no duty to defend or indemnify a company that served as the intermediary for the disposal of dioxin-contaminated waste against personal injury and property damage claims allegedly arising from contamination at Missouri sites where the waste was spray...

The court denies a suggestion for rehearing en banc of its prior decision in Natural Resources Defense Council v. Defense Nuclear Facilities Safety Board, 22 ELR 21381, which held that the Board's regulation allowing it to close meetings, or portions of meetings, concerning its recommendations relat...

The court holds that a letter from the U.S. Environmental Protection Agency notifying a potentially responsible party (PRP) that it may be liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not a "suit" triggering an insurer's duty to...

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota Environmental Rights Act (MERA), and common law, against a dissolved corpora...

The court holds that a lawsuit by individuals against a chemical company for damages based on injuries resulting from exposure to thorium-containing fill material was properly removed to federal court, because the chemical company brought a third-party complaint against officials of the U.S. Environ...

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though plaintiff dam operator has not completed the state permitting proces...

The court holds that the U.S. Department of Energy (DOE) must prepare a new environmental assessment (EA) for the shipment of 118 spent nuclear fuel rods from Taiwan through the port of Hampton Roads, Virginia, to a processing facility on the Savannah River in South Carolina, because its 1991 EA for...

The court affirms a district court decision that Montana's two-year statute of limitations for property damage claims bars claims by a Superfund site owner against manufacturers of chemicals discarded by the owner on the site. The court holds that the discovery rule, which tolls the statute of limit...

The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...