The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner established material facts precluding summary judgment on its stat...

The court holds that under Louisiana law, an insurance company has no duty to indemnify its insured for cleanup costs incurred in remediating soil and groundwater contamination resulting from its operation of a wood treatment plant. The court first holds that the state's compliance order triggered t...

The court holds that the owner of a contaminated site may assert a "self-critical analysis" privilege and withhold certain documents pertaining to the contamination from discovery in private litigation. The court first finds that the self-critical analysis privilege should protect an entity's retros...

The court holds that three insurance companies have a duty to defend the former owners of a contaminated site against the current owner's suit for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and against stated pendent state-law claims. The ...

The court holds that under New Jersey law, a successor corporation is not liable for toxic torts arising from contamination created by the predecessor's operations at a facility that the successor did not acquire. Two sisters brought an action to recover for their parents' deaths from cancer, injuri...

The court preliminarily enjoins the U.S. Department of Energy (DOE) from importing 409 spent nuclear fuel assemblies for storage at the Savannah River site in South Carolina until the court resolves on the merits South Carolina's claim under the National Environmental Policy Act (NEPA) that an envir...

The court holds that the Interstate Commerce Commission (ICC) did not violate the §102 of the National Environmental Policy Act (NEPA) or the ICC's implementing regulations when it granted a railroad company's request to waive the preparation of an environmental impact statement for the constructio...

The court holds that under Delaware law, pollution exclusion clauses in comprehensive general liability insurance policies that two insurance companies issued for a county landfill bar coverage for liability arising from contamination at the landfill. The court first holds that the discharges of con...

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA) compliance plans, violates the Commerce Clause of the U.S. Constitution....

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...