The court holds that a tank truck company is not entitled to summary judgment on claims against its insurers for indemnification of costs resulting from a government action against it under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to soil and gr...

Applying Michigan law to an insurance dispute, the court adopts the doctrines of known-risk and loss-in-progress, and denies coverage because the insured's environmental director knew or reasonably should have known of a substantial probability of a loss caused by groundwater contamination at the si...

The Tenth Circuit affirmed a district court decision that Utah's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. Contrary to the state's arguments, the plaintiffs who challenge the statutes—a consortium of utility companies and a Native Americ...

The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...

The court holds that the presence of hazardous waste on industrial property that a company sold to an individual does not breach any express or implied warranties. The court first finds that the purchase and sale agreement contains no express warranties as to the condition of the property, and a rid...

The court holds that a district court lacked jurisdiction over a parent corporation's challenge to a pending U.S. Nuclear Regualatory Commission (NRC) hearing to determine whether the company was liable for cleanup costs at the facility of its subsidiary, which is an NRC licensee. The NRC attempted ...

The court holds that the discretionary function exception to the Federal Tort Claims Act (FTCA) bars an insurer's claim that U.S. Environmental Protection Agency (EPA) officials acted tortiously in ordering the insurer to clean up a site under the Comprehensive Environmental Response, Compensation, ...

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due to dioxin exposure and accidental agent releases are too speculat...

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess liability insurers for costs it incurred in accordance with a Compreh...

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the site. The court first holds that to succeed on its fraud claim, t...