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GenCorp, Inc. v. American Int'l Underwriters

The court holds that, under Ohio law, excess insurance policies that "follow form" to—or provide coverage on the same terms as—underlying unbrella insurance policies incorporate a pollution exclusion endorsement included in the underlying policies. The pollution exclusion endorsement was added t...

Houlton Citizens' Coalition v. Houlton, Town of

The court holds that a Maine town's solid waste flow-control ordinance, coupled with its grant of an exclusive hauling and disposal contract to a local contractor, does not violate the dormant U.S. Commerce Clause. The court first holds that the town's ordinance does not discriminate on its face aga...

Byrd v. EPA

The court affirms a district court's grant of summary judgment to the U.S. Environmental Protection Agency (EPA) on a toxicologist's claim that EPA violated the Federal Advisory Committee Act (FACA) by hiring a contractor to convene and conduct an external peer review of benzene's carcinogenic effec...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first holds that the district court had subject matter jurisdiction ov...

Carpenter Technology Corp. v. Bridgeport, City of

The court holds that a district court abused its discretion in denying a landowner's motion for a preliminary injunction to prevent the taking of its property by a local port authority. The district court denied the landowner's motion for a preliminary injunction because it failed to show a threat o...

Goshen Rd. Envtl. Action Team v. Department of Agric.

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...

Chenoweth v. Clinton

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing the Executive Order, the president denied them their proper rol...

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands facilities. The manufacturer acquired the two facilities from s...

Dexter v. Cosan Chem. Corp.

The court holds that a chemical company produced sufficient evidence to create a genuine issue of material fact as to the existence and terms of a lost insurance policy. The company submitted its claim for defense and indemnity costs incurred in connection with the remediation of contamination at th...

Boothbay, Town of v. Getty Oil Co.

The court holds that under Maine law, the doctrine of res judicata bars a town from suing a gasoline company for environmental damage affecting the town's water supply insofar as the state previously litigated and settled claims against the same company for the same environmental damage. The court f...