The court holds that a natural gas storage facility operator may go forward with its federal preemption action against a state environmental agency in which it seeks a declaratory judgment enjoining the agency from revisiting its issuance of various state permits to the operator. After the operator'...

The court holds that an environmental group had standing under the National Environmental Policy Act (NEPA) to challenge the adequacy of the U.S. Navy's environmental impact statement (EIS) regarding the future use of the Long Beach Naval Station in California, but the group did not establish taxpay...

The court holds that an insurer's duty to indemnify an insured under a standard comprehensive general liability (CGL) insurance policy does not extend to fines imposed on the insured by state administrative agencies for groundwater contamination cleanup and abatement at one of the insured's sites, b...

The court dismisses for lack of jurisdiction a mine operator's appeal of both an administrative law judge's (ALJ's) finding that the operator committed a "significant and substantial" violation of a Federal Coal Mine Health and Safety Act regulation and the Federal Mine Safety and Health Review Comm...

The court holds that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion a...

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

The court affirms a district court holding that the U.S. Department of the Interior (DOI) breached its fiduciary duties to Individual Indian Money (IIM) trust account beneficiaries and, therefore, must conduct an accurate accounting. The Indian Reorganization Act of 1934 returned to tribal ownership...

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its pie...

The court holds that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River in New Hampshire because the contamination caused by the operator was not accidental as required by its insurance policies...

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...