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Vogel v. New Jersey Dep't of Envtl. Protection

A New Jersey appellate court upheld the denial of a landowner's general permit application to build a single-family home on her beach property. The state agency concluded that the property is located within a dune. Consequently, it denied the permit under the New Jersey Coastal Area Facility Review ...

Sussex County Mun. Utils. Auth. v. New Jersey Dep't of Envtl. Protection

The court upheld a New Jersey Department of Environmental Protection denial of a utility's application for a modification to its New Jersey pollutant discharge elimination system (NJPDES) permit with respect to the concentration of phosphorus allowed in the utility's permitted discharges into the Wa...

Sierra Club v. Wisconsin Dep't of Natural Resources

The court affirmed a lower court decision dismissing an environmental group's petition for judicial review of an administrative law judge (ALJ) order concerning an air emission permit issued by the Wisconsin Department of Natural Resources for the construction of a new electric-generating facility. ...

AES Sparrows Point LNG, Ltd. Liab. Co. v. Smith

A court an amendment to a county zoning regulation that prohibits the siting of liquefied natural gas facilities in the Chesapeake Bay Critical Areas of Baltimore County, Maryland. The amendment is not preempted by the Natural Gas Act and is within the delegated authority of the state of Maryland an...

State Auto Property & Casualty Ins. Co. v. Arkansas Dep't of Envtl. Quality

The court reversed a lower court's grant of summary judgment against an insurance company for underlying claims concerning groundwater and soil contamination stemming from a gasoline station's leaking fuel-dispensing system. The lower court did not err in finding that the policy was ambiguous as to ...

McGregor v. Allamerica Ins. Co.

The court held that a home heating oil spill that occurred during a company's installation of a furnace at a client's home is excluded from coverage under the company's commercial general liability policy. The company argued that its insurer had the duty to defend or indemnify the company in an unde...

Middlebury, Town of v. Department of Envtl. Protection

The court upheld the dismissal of a town's appeal of seven stationary source air permits granted to an energy company by the state's environmental agency. The lower court ruled that the agency's decision was not a "final decision" in a "contested case" as defined by General Statutes §4-166. The...

Coastal Marshlands Protection Comm. v. Center for a Sustainable Coast

The court held that the Georgia Coastal Marshlands Protection Act (CMPA), which regulates activities and structures in marshlands, may not be construed to regulate activities or structures in high land or upland areas, including stormwater runoff from those areas, which may adversely impact the mars...

Commonwealth v. United States Mineral Prods. Co.

The court upheld a jury verdict absolving a company from liability for polychlorinated biphenyl (PCB) contamination at a former state government building. The verdict was based on the jury's conclusion that the company's product, PCBs, was not defective. After the court entered judgment in favor of ...