The court holds that the statistical methodologies used by the Colorado Water Quality Control Commission in promulgating water quality standards for cadmium, lead, and silver in the North Fork of the South Platte River were not compatible with water quality data, and the standards are thus based on ...

The court rules that the final environmental impact report that resulted in issuance of a conditional use permit for the construction and operation of a hazardous waste incinerator at the Kettleman Hills site in Kings County, California, was inadequate as an informational document under the Californ...

The court, applying Pennsylvania law, holds that an insured cannot recover the costs of a state-mandated cleanup of hazardous waste under general liability insurance policies. The court first holds that Pennsylvania rather than New Jersey law applies. Pennsylvania was the place of contracting and pe...

The court holds that under Colorado law, the pollution exclusion clause in a comprehensive general liability insurance policy bars coverage for environmental response costs sought by the U.S. Environmental Protection Agency (EPA) in connection with a wood product company's discharge of waste materia...

The court holds that the Department of Energy's (DOE's) storage of additional nuclear waste at an existing storage facility does not constitute construction or modification subject to permitting under Idaho's clean air regulations. Idaho's regulations under the Clean Air Act do not require DOE to ob...

The Court holds that an Alabama act that imposes a disposal fee on hazardous wastes generated outside the state, but not on hazardous wastes from sources within Alabama, violates the Commerce Clause of the U.S. Constitution. The operator of a commercial hazardous waste landfill in Alabama, which is ...

The court holds that a vendor of property contaminated by petroleum products fraudulently misrepresented the property's contamination to the purchaser, and the vendor is 100 percent liable for cleanup costs. The court first holds that the vendor failed to make a timely objection to the jury instruct...

The court, in a case of first impression under Utah law, holds that the "sudden and accidental" phrase in a comprehensive general liability policy pollution exclusion clause means abrupt or quick and unexpected or unintentional. An insurer denied indemnification to a natural gas company for continuo...

The court upholds a district court ruling that Louisiana statutes banning the import of hazardous waste from foreign countries violate the Commerce Clause of the U.S. Constitution. The court holds that it must affirm the district court's decision in light of the U.S. Supreme Court's 1992 decision in...

The court rules that Indiana waste transportation and disposal laws that impose restrictions on fleet dedication, backhauling, vehicle registration, bonding, and fees to discourage disposal of out-of-state solid waste violate the Commerce Clause of the U.S. Constitution. Indiana enacted these restri...