The court denies a bankrupt environmental management company's motions to dismiss property owners' Declaratory Judgment Act (DJA) action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the Clean Air Act when it improperly ...

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

The court holds that the Federal Tort Claims Act's (FTCA's) discretionary function exception barred a manufacturer's claims seeking contribution and indemnity from the United States for the settlement of individuals' toxic tort claims against the manufacturer. At the onset of the Korean War, the Arm...

The court grants environmental groups' motion to preliminarily enjoin the U.S. Forest Service from implementing a salvage project in the Bitterroot National Forest until any administrative appeals have been resolved pursuant to the Appeals Reform Act. After the final environmental impact statement f...

The court vacates a district court order requiring the U.S. Army Corps of Engineers to accept dredged material in order to prevent the frustration of a consent decree designed to address water pollution problems around Detroit, Michigan. After the state revised the city's national pollutant discharg...

The court holds that a non-cumulation clause in a manufacturer's insurance policy applied to its claims resulting from environmental property damage. The U.S. Environmental Protection Agency and potentially responsible parties at a waste site sued the manufacturer for damages related to the transpor...

The court dismisses all of a hazardous waste transshipment company's equal protection, due process, and takings claims against the state of Connecticut, the Connecticut environmental agency, and the individual agency head for denial of a hazardous waste transshipment permit. The Eleventh Amendment b...

The court holds that an Arizona district court erred in determining that it lacked jurisdiction to hear a quiet title action concerning land along the Colorado River and in fixing title to the land on the basis of river movements that occurred prior to 1905 when the United States patented the disput...

The court holds that a pollution exclusion clause did not bar an insurer's duty to provide coverage to a city power agency sued by an asbestos removal company for additional remuneration under an asbestos removal contract. The insurer defended the agency and provided funds for a settlement with the ...

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...