The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce Clause, or Due Process Clause of the U.S. Constitution because the facility never had a valid permit. A ...

The court holds that under Wisconsin law, an insurer has a duty to defend its insured under the "wrongful entry" clause of a commercial policy against negligent trespass claims for damage to groundwells caused by a release of chemicals in a fire. The commercial policy defined its personal injury cov...

The court holds that New Mexico's environmental agency may not bring an enforcement action in federal court to seek federalpenalties under §113 of the Clean Air Act (CAA) for violations of its state implementation plan (SIP) after successfully prosecuting a state court enforcement action against th...

The court holds that under Minnesota law, an insured wood treatment company's deliberate disposal of pentachlorophenol (penta) sludge on the ground is not an "occurrence" within the meaning of primary comprehensive general liability or umbrella excess liability policies. Also, the court holds that t...

The court holds that the buyer of assets of three business entities that had leased underground oil storage tanks from a property owner may be held liable for the property owner's hazardous waste cleanup costs as a successor to one of the three predecessor corporations. The court first holds that st...

The court holds that under §309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Georgia's four-year statute of limitations for torts involving property damage began to run when the owners of land adjacent to a contaminated wood treatment site discovered the ha...

Applying Nebraska law, the court holds that the instrument creating the Platte River Whooping Crane Maintenance Trust authorizes the trust to participate in Federal Energy Regulatory Commission (FERC) relicensing hearings for two hydroelectric projects on the Platte River and in litigation involving...

The court holds that the primary jurisdiction doctrine requires it to stay a landowner's claims for injunctive relief against the owner of a railroad tie treatment site for polluting the landowner's groundwater and that the landowner established material facts precluding summary judgment on its stat...

The court holds that under Louisiana law, an insurance company has no duty to indemnify its insured for cleanup costs incurred in remediating soil and groundwater contamination resulting from its operation of a wood treatment plant. The court first holds that the state's compliance order triggered t...

The court holds that under New Jersey law, a successor corporation is not liable for toxic torts arising from contamination created by the predecessor's operations at a facility that the successor did not acquire. Two sisters brought an action to recover for their parents' deaths from cancer, injuri...