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Gould Elecs., Inc. v. United States

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought contribution for a settlement agreement resolving third-party personal injury and property damage claims arising...

Connecticut Indem. Co. v. Superior Court of San Joaquin County

The court holds that a city council, pursuant to a legislative investigation of toxic contamination of groundwater, may issue subpoenas to insurers in order to obtain information relating to liability insurance coverage and claims concerning parties believed to be legally responsible for the contami...

St. Martin v. Mobil Exploration & Producing U.S. Inc.

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh in Terrebone Parrish, Louisiana. The owners of the marsh filed suit against th...

K.F. Dairies, Inc. & Affiliates v. Fireman's Fund Ins. Co.

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the policy period even though the insured did not purchase the contam...

Friends of the Earth v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it failed to prepare an environmental impact statement (EIS) prior to the permitting of three casinos on the Mississippi coast. Mississippi law requires casinos to be located on floating vessels...

People ex rel. Ryan v. Bishop

The court affirms a lower court decision holding an individual liable as an operator of a landfill under the Illinois Environmental Protection Act (IEPA). The court first holds that a review of the record as a whole shows that the individual was a landfill operator. Thus, the instant case is not lik...

Chevron USA, Inc. v. Cayetano

The court vacates a district court decision granting summary judgment in favor of an oil company claiming that a Hawaii statute proscribing the maximum rent that oil companies can collect from dealers who lease company-owned service stations is an unconstitutional regulatory taking. The court first ...

Morrow Corp. v. Harleysville Mut. Ins. Co.

The court holds that under Virginia law, an insurer has a duty to defend operators of a dry cleaning business from a suit seeking to hold the operators liable for soil and groundwater contamination. The insurer issued a comprehensive general liability policy to the operators for the period of 1991 t...

Atlantic Richfield Co. v. Farm Credit Bank of Wichita

The court affirms in part and reverses in part various rulings made by a district court resolving the claims and counterclaims of a lessee and three lessors of several oil and gas leases in Huerfano County, Colorado. The lessors' general claim was that the lessee breached the lease agreements by und...