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Scottsdale Indemnity Co. v. Village of Crestwood

A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The insurance policies at issue contain pollution exclusion clauses. Under Illinois law, a pollution exclusio...

Dow AgroSciences LLC v. National Marine Fisheries Service

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review under the APA. The Service's biological opinion concluded that the...

Eastman v. Coffeyville Resources Refining & Marketing, LLC

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss the landowners' nuisance claim. The landowners failed to file their OPA claim within the three-year statute o...

Anglers of the AuSable Inc. v. Department of Environmental Quality

The Michigan Supreme Court held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manifestly unreasonable and that the state agency should be held accou...