A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate commerce to ensure that the state has plenary power within its bor...

A California appellate court reversed in part a lower court decision dismissing a consumer group's complaints against various hotels and retail establishments for secondhand smoke and tobacco exposure. The group alleged that the defendants violated California Proposition 65 by exposing individuals t...

The court reversed a lower court's dismissal of an environmental group's Federal Advisory Committee Act (FACA) claim in a dispute over the registration of two pesticides containing atrazine. The lower court held that the group lacked standing. Contrary to the lower court's reasoning, however, the gr...

The court held that a lower court properly denied power companies' motions to compel their insurer to pay all past and future defense costs incurred in responding to a federal lawsuit under the Clean Air Act. The underlying claim, brought by the federal government, three states, and several environm...

The court upheld summary judgment against one insurance company and in favor of another insurance company in a dispute concerning the insurers' duties to defend a manufacturer against a third-party complaint for environmental cleanup costs. The lower court properly held that the first insurer had to...

The court upheld a lower court decision dismissing a developer's appeal of a state administrative order directing him to remedy deficiencies in a dam and an associated detention basin in Naugatuck. The agency commissioner properly acted within his statutory authority in issuing the order. Prior to i...

The court held that a lower court improperly ordered the state wetlands commission to issue an inland wetlands permit to a developer. Although the record lacks substantial evidence to support the commission's denial of the developer's application, approving the application is not, as a matter of law...

The court, in a matter of first impression, held that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act) for damages for the "loss of use" of natural resources adversely affected by its discharge of hazardous substances. The case arose after the stat...

A Minnesota appellate court held that an insurance company had no duty to defend or indemnify a pig owner in an underlying lawsuit brought by his neighbor claiming injury and damage from manure odors. The neighbor's complaint fell squarely within the insurance policy's pollution exclusion, which onl...

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions denying a city's plea to jurisdiction in a case involving dispute...