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Pflanz v. Foster

The Indiana Supreme Court held that landowners who incurred costs remediating contamination from leaking underground storage tanks may go forward with their state-law contribution claim against the prior owners under the Indiana Underground Storage Tanks Act. The 10-year statute of limitations does ...

Friends of the Chattahooche v. Couch

A Georgia court vacated a state air pollution permit allowing an energy company to construct and operate a 1,200 megawatt coal-fired power plant. Because there was no effort to identify, evaluate, or apply available technologies that would control carbon dioxide (CO2) emissions, and because the perm...

United States v. Warr

The Ninth Circuit affirmed an individual's 10-year sentence for starting nine wildland fires on National Forest Service land. The lower court did not err in calculating the advisory sentencing guidelines range when it included fire suppression costs in the loss calculation, thereby resulting in an e...

Sunset Skyranch Pilots Ass'n v. Sacramento, County of

A California appellate court held that while the State Aeronautics Act does not compel a county to allow continued operation of an airport, its closure constitutes a "project" under the California Environmental Quality Act (CEQA). The State Aeronautics Act focuses on safety standards and the control...

Precision Castparts Corp. v. Hartford Accident & Indem. Co.

A district court held that under Oregon law, a pollution exclusion clause bars coverage for unintended water contamination stemming from a company's intentional discharge of thorium into a city sewer system. The company thought that natural forces would dissipate the waste rendering it harmless. The...

Fayard v. Northeast Vehicle Servs., Ltd. Liab. Co.

The First Circuit remanded landowners' nuisance, misrepresentation, and civil conspiracy claims against an automobile distributor to the Massachusetts courts. The landowners filed suit in Massachusetts state court asserting claims against the distributor based on its operation of a rail line and dis...

Bangor, City of v. Citizens Communications Co.

The First Circuit affirmed a lower court's entry of a consent decree allocating certain responsibilities among a city, the state of Maine, and a telecommunications company for the cleanup of a contaminated river bed in Maine under the Comprehensive Environmental Response, Compensation, and Liability...

Walker County v. Tri-State Crematory

A Georgia appellate court affirmed a lower court decision dismissing a county's contribution claim against a crematory under the state's hazardous waste law. The "corrective action" referenced in the Hazardous Site Response Act does not contemplate environmental cleanup efforts undertaken independen...

Goodrich Corp. v. Commercial Union Ins. Co.

An Ohio appellate court held that the sudden and accidental exceptions to pollution exclusion clauses contained in an aerospace manufacturing company's excess commercial insurance policies provide coverage for gradual releases of pollutants if the resulting damage is indivisible from the sudden and ...