The court holds that a pollution exclusion clause in a comprehensive general liability insurance policy does not bar an insured county's right to indemnification of amounts that it must pay in lawsuits resulting from pollution from a landfill. The clause provided that the insurer was not obligated t...

The court holds that a state-imposed public easement over private beachfront property is not a compensable taking, and the risk that some property would be lost to the sea was assumed at purchase. After hurricane Alicia in 1983 and the storm tides in 1988, the private beach properties were left part...

The court, on petition for rehearing, replaces its opinion at 21 ELR 20913, and holds that under Arkansas law, cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not "damages" under a comprehensive general liability (CGL) insurance policy. Afte...

The court holds that under Arkansas law, the phrase "as damages" in the insuring clause of a standard form comprehensive general liability policy does not cover cleanup costs incurred pursuant to a consent decree between the insured and the U.S. Environmental Protection Agency (EPA). The court revie...

The court holds that the district court improperly ruled on summary judgment that two Ohio statutes regulating the import of solid waste generated in other states for disposal in Ohio violates the Commerce Clause of the U.S. Constitution. The statutes establish higher fees for wastes generated outsi...

The court holds that the district court abused its discretion by imposing sanctions under Federal Rule of Civil Procedure 11 on an insured company that sought coverage from a secondary insurer for environmental cleanup liabilities. Based on the district court's own findings, the insured could reason...

The court, applying New Jersey law, holds that comprehensive general liability (CGL) insurance policies containing original and modified pollution exclusion provisions do not provide an insured manufacturer of cable and wire with coverage for the unintended environmental damage caused by the insured...

The court holds that the U.S. Environmental Protection Agency (EPA) properly refused a Freedom of Information Act (FOIA) request to release conflict of interest forms filed by members of EPA's scientific advisory panel (SAP) and scientific advisory board (SAB). An attorney for an environmental organ...

The court holds that the Army Corps of Engineers' denial of landowners' Federal Water Pollution Control Act §404 permit application to develop property containing wetlands constitutes a Fifth Amendment taking entitling the landowners to just compensation. The landowners' property included 12 acres ...

The court vacates a district court's refusal to grant attorney fees to an environmental organization that prevailed in an action to enjoin the U.S. Army Corps of Engineers from completing a dam pending supplementation of an environmental impact statement for the project. The district court held that...