The court holds that the Army Corps of Engineers' denial of landowners' Federal Water Pollution Control Act §404 permit application to develop property containing wetlands constitutes a Fifth Amendment taking entitling the landowners to just compensation. The landowners' property included 12 acres ...

The court vacates a district court's refusal to grant attorney fees to an environmental organization that prevailed in an action to enjoin the U.S. Army Corps of Engineers from completing a dam pending supplementation of an environmental impact statement for the project. The district court held that...

The Court holds that a Michigan law requiring private landfill operators to limit their business to accepting wastes only from the counties in which their facilities are located violates the Commerce Clause of the U.S. Constitution. A landfill operator who was denied authority to accept out-of-state...

The court holds that a local ordinance imposing geographic restrictions on the sources of waste for a regional medical waste incinerator does not violate the Commerce Clause of the U.S. Constitution. A commercial enterprise obtained authorization to construct a medical waste incinerator, and after c...

The court holds that a manufacturer of dichloro-diphenyl-trichloroethane (DDT) is not entitled to reimbursement from its primary insurance carrier for defense costs and indemnification for losses stemming from lawsuits alleging damages from DDT released from the manufacturer's Alabama facility, beca...

The court holds that a computer circuit manufacturer is entitled to reimbursement under its comprehensive general liability insurance policy of expenses incurred pursuant to a government consent decree requiring it to clean up toxic waste contamination at a former manufacturing facility. The court f...

The court holds that two insurance companies have no duty to defend or indemnify a company that served as the intermediary for the disposal of dioxin-contaminated waste against personal injury and property damage claims allegedly arising from contamination at Missouri sites where the waste was spray...

The court, on reargument of summary judgment motions necessitated by intervening Michigan Supreme Court decisions, holds that insurers of a beer manufacturer are not required to provide the manufacturer with coverage under its comprehensive general liability (CGL) insurance policies containing pollu...

The court holds en banc that the arbitrary and capricious standard of review applies to agency decisions not to prepare an environmental impact statement (EIS) under the National Environmental Policy Act. The court overrules its prior decisions holding that a reasonableness standard of review should...

The court holds that nonprofit organizations interested in protecting and preserving the waters of Ascension Parish, Louisiana, do not have standing to sue. The court finds that the organizations did not allege specific facts showing a direct injury to any of their members sufficient to confer stand...