The court denies a petition for an order compelling the Occupational Safety and Health Administration (OSHA) to cease unreasonable delay in rulemaking on hexavalent chromium. The court first holds that under the Occupational Safety and Health Act (OSH Act), 29 U.S.C. §655(f), it has jurisdiction to...

The court holds that a corporation's insurance policy covered costs related to the 1979 discovery of contamination resulting from a 1974 perchloroethylene (PERC) spill. The court first notes that under Rhode Island law "property damage" and "occurrence" are inextricably intertwined. There can be no ...

The court holds that an insurance company does not owe a duty to defend and indemnify policyholders in an action arising out of the policyholders' maintenance of a solid waste dump on property subsequently sold to a developer. The court first holds that the policyholders have preserved only the owne...

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the appellant waste contractors' association does not have standing to challenge one of the waste disposal statutes...

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution's Commerce Clause. The court first holds that the city's policy does not have a discriminatory effect on interstate com...

The court holds that a chlorine manufacturer may bring contractual indemnification claims against a contractor for environmental costs, fines, and penalties incurred after the contractor's employees were exposed to mercury at the manufacturer's facility. The employees and their spouses, who also wer...

The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that because the perc contamination is clearly within the insurance policy'...

The court holds that two endorsements to a helicopter company's aircraft liability insurance policy do not provide coverage for damages resulting from an oil spill at a hospital's helipad. The hospital contracted with the company for emergency transport services. After obtaining a jury verdict again...

The court dismisses environmental groups' motion for emergency injunctive relief seeking to rescind a land exchange contract between the U.S. Bureau of Land Management and private parties because they failed to join necessary parties. The groups filed their motion for emergency injunctive relief pen...

The court upholds an injunction requiring an ore processing plant owner to provide the U.S. Forest Service with access to the area surrounding his mill and precluding further operations until the Forest Service approves a new operating plant. The court first holds that the district court did not err...