The court holds that comprehensive general liability insurance carriers do not have to pay their insured for damages associated with the insured's discharge of polychlorinated biphenyl-laden oils into the environment. The district court held that the insured's duty to inform the carriers of an occur...

The court holds that under Virginia law owners of land near an underground oil spill from an oil distribution facility may not recover damages for diminution in property value or fear of negative health effects. The court first holds that the owners may not recover under Virginia private nuisance la...

The court holds that a 1977 contribution a chemical company made to the Virginia Environmental Endowment Fund, which was created in response to litigation over environmental contamination at the company's former plant in Hopewell, Virginia, was in substance an environmental penalty that the company ...

The court holds that three environmental groups and an individual have standing to challenge the U.S. Treasury Department's failure to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for a final rule providing a tax credit for ethyl tertiary butyl e...

The court holds that insurers have no duty to indemnify or defend an insured against Comprehensive Environmental Response, Compensation, and Liability Act and state-law claims brought by New York State for remediation of contamination at the insured's aircraft manufacturing plant in Farmingdale, New...

The court holds that it lacks jurisdiction over landowners' suit seeking to compel the U.S. Forest Service and other government agencies to reopen the scoping process under the National Environmental Policy Act (NEPA) in conjunction with a power company's proposal to construct a high-voltage transmi...

The court holds that the district court lacks subject matter jurisdiction in an action brought by surface and royalty interest owners against past and current operators of an oil field for alleged injuries to the owners' property interests. The court first holds that removal jurisdiction under 28 U....

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the generators reside in a community that has adopted an "effective recycling program" violates the Commerce ...

The court affirms a district court denial of Nevada's petition under Fed. R. Civ. P. 27 to depose more than two dozen scientists regarding studies they undertook in response to a scientific hypothesis that questioned the geological and hydrological suitability of Yucca Mountain as a site for high-le...

The court holds that the operators of the Three Mile Island nuclear reactor violated their duty of care to the public by releasing, during a 1979 accident at the facility, radiation in levels exceeding federal standards for radioactivity allowed in liquid or airborne effluents released off premises....