A New York appellate court affirmed a lower court decision dismissing claims filed by the owner of a vehicle scrap yard against the state environmental agency for ordering it to cease operations. Substantial evidence supports the determination that the owner violated the New York State Navigation La...

The Eighth Circuit reversed and remanded a lower court's grant of summary judgment in favor of the U.S. Department of Transportation on a city's claims that the agency insufficiently considered the economic and environmental impact of a sound wall in violation of the National Environmental Policy Ac...

The Supreme Court of California reversed a lower court's grant of summary judgment in favor of an importer that sells athletic shoes made from kangaroo leather. The case arose after an animal rights group filed suit against the importer for violating California Penal Code §653o, which prohibits...

A district court remanded to state court a New Jersey Department of Environmental Protection lawsuit against a manufacturing company in which it seeks reimbursement of cleanup and removal costs and damages incurred at the Woodland Dump site. The agency filed suit under the New Jersey Spill Act and N...

A Wisconsin appellate court held that a lower court erred in dismissing insurers from a property owner's breach of contract claim against the former owner of the property for environmental contamination. As part of the sales contract between the former and current owners, the former owner warranted ...

The Michigan Supreme Court affirmed in part and reversed in part a lower court ruling that environmental groups have standing to bring a claim against a bottled water company under the Michigan Environmental Protection Act (MEPA) for allegedly damaging certain streams, lakes, and wetlands. Case law ...

A district court held that a plaintiff's failure to join a city in its action against intermediate owners of a cast aluminum manufacturing facility did not warrant dismissal of the case. Upon learning of environmental contamination of the facility, the city acquired the facility and ordered the past...

A district court held that an insurance company has no duty to defend or indemnify a metal scrap company for any liability it incurs in connection with the Omaha Lead Superfund site. The insurance policy contains a pollution exclusion clause, but the exclusion does not apply to discharges that are s...

A Georgia appellate court held that a trial court erred in holding that an individual's claim of carbon (CO) monoxide poisoning against her landlord was not excluded from coverage under the landlord's commercial general liability policy. The policy at issue excludes coverage for damages resulting fr...

A California appellate court reversed a lower court's grant of summary judgment in favor of an insurance company in a case involving several personal injury actions arising from the operation of an oil and gas production facility next to Beverly Hills High School. The complaints allege that hazardou...