The court holds that under Delaware law, pollution exclusion clauses in comprehensive general liability insurance policies that two insurance companies issued for a county landfill bar coverage for liability arising from contamination at the landfill. The court first holds that the discharges of con...

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA) compliance plans, violates the Commerce Clause of the U.S. Constitution....

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from their nine wells in excess of their permitted allocation, until the district issued an additional allocat...

The court holds that the pollution exclusion clause in a manufacturing company's insurance policy bars coverage for costs of cleaning up environmental damage at the Newport landfill in Kentucky. The court first holds that the district court did not err in deciding not to certify to the Kentucky Supr...

The court holds that the city of Gary, Indiana, did not violate the due process rights of a municipal-landfill operator by preventing the operator's trucks from depositing nonmunicipal waste at the landfill. The operator, which had contracted with the city to operate the landfill, sued the city unde...

The court holds that a district court erred in setting aside a jury verdict and ruling that plaintiff presented insufficient epidemiological and clinical evidence to support a causal connection between asbestos exposure and colon cancer. The district court found that plaintiff's evidence regarding s...

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

The court holds that of a water service contract between the U.S. Bureau of Reclamation and a private California water district does not obligate the Bureau to deliver the full contractual amount of Central Valley Project (CVP) water to the district when the Bureau cannot deliver that water consiste...

The court holds that the U.S. Army Corps of Engineers (the Corps) failed to comply with a prior court order directing it to prepare a second environmental impact statement supplement (EISS-2) addressing the cumulative environmental impacts of Elk Creek Dam and two other dams in the Rouge River Basin...