The court holds that the pollution exclusion clauses contained in two insurance policies preclude coverage for a large trichloroethylene (TCE) spill at a heating and air conditioning equipment manufacturer's plant. The spill occurred after TCE in a degreasing tank overflowed and spilled into a drain...

The court holds that the U.S. Forest Service failed to meet National Environmental Policy Act (NEPA) requirements for public disclosure of information and failed to take a hard look at the effects of proposed timber sales from the Miners Creek and West Camas Creek drainages in the Targhee National F...

The court holds that a pollution exclusion clause in a comprehensive general liability (CGL) policy unambiguously excludes coverage of injuries arising from an accidental ammonia spill in an office building as well as injuries due to the aerial spraying of a chemical insecticide. The court first hol...

The court issues a mandatoryinjunction against an oil company for extensive contamination of a river and surrounding land, but due to lack of evidence refuses to enjoin three other companies. The court first declines to invoke the doctrine of primary jurisdiction. The doctrine does not mandate blind...

The court holds that a corporation's insurance policy covered costs related to the 1979 discovery of contamination resulting from a 1974 perchloroethylene (PERC) spill. The court first notes that under Rhode Island law "property damage" and "occurrence" are inextricably intertwined. There can be no ...

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the appellant waste contractors' association does not have standing to challenge one of the waste disposal statutes...

The court holds that a chlorine manufacturer may bring contractual indemnification claims against a contractor for environmental costs, fines, and penalties incurred after the contractor's employees were exposed to mercury at the manufacturer's facility. The employees and their spouses, who also wer...

The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that because the perc contamination is clearly within the insurance policy'...

The court holds that two endorsements to a helicopter company's aircraft liability insurance policy do not provide coverage for damages resulting from an oil spill at a hospital's helipad. The hospital contracted with the company for emergency transport services. After obtaining a jury verdict again...

The court holds that the Secretary of Transportation's failure to issue an environmental impact statement (EIS) in connection with an order awarding takeoff and landing slots to airlines at LaGuardia Airport in New York did not violate the National Environmental Policy Act (NEPA). The Secretary gran...