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National Cotton Council of America v. United States Environmental Protection Agency
The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES) permitting requirements pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act. The ...
Doe Run Resources Corp. v. Lexington Insurance Co.
The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that the lead p...
Doe Run Resources Corp. v. Lexington Insurance Co.
The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations. The policy contained an absolute pollution exclusion clause, and he...
Chlorine Institute, Inc. v. Federal Rail Administration
The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train control" (PTC) system no later than December 31, 2015, on certain t...