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Ashley Creek Phosphate Co. v. Norton

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it challenged the project because it might become an alternative suppli...

American Rivers, Inc. v. Corps of Eng'rs

The court dismisses various parties' challenges to the U.S. Army Corps of Engineers' operation of the Missouri River main stem reservoir system and associated U.S. Fish and Wildlife Service (FWS) wildlife assessments. The court dismissed as moot several claims concerning the conditional summer low f...

Powerine Oil Co. v. Superior Court of Los Angeles County

The court holds that an oil company's insurer must indemnify the company for environmental cleanup and abatement costs ordered by a state administrative agency. In a previous case concerning another insurer of the company, the court held that the insurer's duty to indemnify the company for "all sums...

San Diego, County of v. Ace Property & Cas. Ins. Co.

The court holds that an insurance company need not indemnify a county for expenses it incurred in responding to an administrative agency order requiring it to remediate environmental contamination at a county landfill. The nonstandard, excess third-party liability policy at issue obligates the insur...

Waco, City of v. Schouten

The court denied motions to dismiss a city's Comprehensive Environmental Compensation, Recovery, and Liability Act (CERCLA), Clean Water Act (CWA), and state-law claims against various dairy owners and operators. Venue over the city's CWA claims was proper for several of the operators, and the court...

National Audubon Soc'y v. Department of the Navy

The court upholds a district court decision that the U.S. Navy's environmental impact statement (EIS) for the construction of an aircraft landing field in North Carolina was deficient under the National Environmental Policy Act (NEPA), but it vacates the court's injunction of the project as overly b...

Alabama v. Corps of Eng'rs

The court vacates a preliminary injunction granting Alabama and Florida's motion to bar the U.S. Army Corps of Engineers and Georgia from implementing a settlement agreement concerning water allocation in the Apalachicola-Chattahoochee-Flint river basin. An injunction is limited to prospective relie...

International Ins. Co. v. RSR Corp.

The court affirms a district court order holding that an insurer must indemnify a lead smelting company for cleanup costs and expenses resulting from lead pollution at the company's facility in West Dallas, Texas. Although the company entered into a tolling agreement with the U.S. Environmental Prot...

Continental Ins. Co. v. Shapiro Sales Co.

A court holds that insurance companies have no duty to defend or indemnify a scrap metal company for underlying environmental contamination claims stemming from the illegal disposal of salt cake. One insurer had no duty to defend or indemnify the company because the evidence clearly demonstrated tha...

Solow Bldg. Co. v. ATC Assocs.

A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement work at its property. The owner claimed that the abatement company'...