The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause. The pollution exclusion clause excluded coverage for losses resulting from "pollutants," which the polic...

A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...

A district court dismissed California's suit against DOI challenging its approval of the Colorado River Water Delivery Agreement under NEPA and the CAA. The state alleged that DOI failed to comply with the two statutes prior to approving it and sought an order immediately ceasing water deliverie...

A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In order ...

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix. The mother alleged that the National Park Service (NPS) negli...

A California appellate court held that a local board's environmental impact report (EIR) for the construction of a light rail line connecting downtown Los Angeles with Santa Monica complies with the California Environmental Quality Act (CEQA). A coalition of homeowners' associations, community g...

A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the manner in which they are operated. The court reasoned that municipalities must have an adequate opport...

A district court held that a low-income community association may go forward with its claim against EPA for failing to issue preliminary findings and recommendations for voluntary compliance in response to a Title VI complaint concerning the siting, permitting, expansion, and operation of toxic ...

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...

A California appellate court upheld a county board's adoption of a zoning ordinance pertaining to lot line adjustments. The ordinance continued the county's existing administrative practice of allowing lot line adjustments impacting four or fewer parcels to readjust lots included in a prior applicat...