The court holds that the pollution exclusion clause in a former hotel owner's general liability insurance policy bars coverage of personal injury claims brought by hotel guests who suffered carbon monoxide (CO) poisoning. The court first rejects the former owner's contention that the pollution exclu...

The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit" triggering insurers' duty to defend under comprehensive general liability (CGL) policies. Under the policies, the insu...

The court holds that under South Carolina law, an insurer must indemnify its insured for gasoline damage caused to a third-party claimant's property if the insured's third-party liability policy was still in effect when the underground gasoline leak reached the claimant's property. The leak was disc...

The court holds that an excess insurer did not have a duty to defend a trade association against negligence claims arising from standards the association set for its members' use of manganese in welding rods. A group of welders had sued the association claiming that the standards had exposed them to...

The court holds that an action alleging that the U.S. Army Corps of Engineers adopted annual operating plans for the Missouri River for the 1995-1996 and 1996-1997 navigation seasons in violation of the National Environmental Policy Act is moot. The state and an environmental group contend that the ...

The court holds unconstitutional a state statute that allows out-of-state waste to be disposed of in Wisconsin only if the community where the waste originates adopts an ordinance that incorporates Wisconsin's specifications for recycling. The solitary difference between this law and an earlier law ...

The court affirms a district court dismissal of an oil company's action to obtain an order directing the Secretary of the Interior to restore lands once designated for federal oil and gas leases. The court first holds that the district court properly relied on Tenth Circuit precedent in holding that...

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...

The court holds that assessments for solid waste disposal charged by a waste management district in Ohio are taxes under the Tax Injunction Act and are, therefore, constitutional. The assessments for waste generated in-district and out-of-state are the same, while the assessments for waste generated...

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting caused homeowners' respiratory illnesses. The court first holds that the district court erred by requiring the testimon...