The court affirms in part and reverses in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental cleanup actions brought against it under the Comprehensive Environm...

The court upholds in part and reverses in part a district court dismissal on forum non conveniens grounds of individuals' Alien Tort Claims Act (ATCA) suit alleging that a foreign oil company participated in human rights violations in Nigeria. The court first holds that the district court properly h...

The court holds that a state environmental conservation officer who was sued for allegedly violating the Fourth Amendment after he stopped a hunter at a motor vehicle checkpoint during hunting season to make deer tag and weapon safety checks is entitled to qualified immunity. The court first affirms...

The court holds that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence ...

A court holds that under the Pennsylvania Hazardous Sites Clean-Up Act (HSCA), the owner of property once used for a landfill may not recover from previous owners the costs of testing the property for hazardous substances. The court first holds that the previous owners are responsible parties within...

The court reverses a trial court decision ordering the California Coastal Commission to set aside its denial of landowners' request for a coastal development permit to expand horse stables and boarding facilities on their property and to rehear the matter to determine whether the property included p...

The court affirms a district court holding that the U.S. Army Corps of Engineers' supplemental environmental impact statement (SEIS) for a flood control project on the Mississippi River satisfied the National Environmental Policy Act (NEPA). The court first holds that the Corps' SEIS satisfied NEPA'...

The court holds that the environmental review of a water allocation agreement between the state department of water resources and 29 local water contractors violated the California Environmental Quality Act (CEQA). After the parties entered long-term contracts governing the supply of water under a s...

The court holds that an insurance agent is liable to a hazardous waste removal company for the negligent misrepresentation of an insurance contract that was supposed to provide basic pollution coverage to the removal company's subcontractor. The agent gave the removal company a certificate of insura...

The court holds that the sole officer and shareholder of a company is not personally liable for the company's environmental violations under the "responsible corporate officer" doctrine. Case law requires some evidence of knowledge, action, or inaction by a corporate officer before personal liabilit...