The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its Mannington Township, New Jersey, facility in designating the sit...

The court holds that comprehensive general liability insurance carriers do not have to pay their insured for damages associated with the insured's discharge of polychlorinated biphenyl-laden oils into the environment. The district court held that the insured's duty to inform the carriers of an occur...

The court holds that under Virginia law owners of land near an underground oil spill from an oil distribution facility may not recover damages for diminution in property value or fear of negative health effects. The court first holds that the owners may not recover under Virginia private nuisance la...

The court upholds a U.S. Environmental Protection Agency (EPA) rule that allows a state to stop Clean Air Act (CAA) §179(a)'s 18-month countdown to imposition of sanctions when it is triggered by an EPA finding that the state failed to submit a complete state implementation plan (SIP). Under the ru...

The court holds that insurers have no duty to indemnify or defend an insured against Comprehensive Environmental Response, Compensation, and Liability Act and state-law claims brought by New York State for remediation of contamination at the insured's aircraft manufacturing plant in Farmingdale, New...

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the generators reside in a community that has adopted an "effective recycling program" violates the Commerce ...

The court affirms a district court denial of Nevada's petition under Fed. R. Civ. P. 27 to depose more than two dozen scientists regarding studies they undertook in response to a scientific hypothesis that questioned the geological and hydrological suitability of Yucca Mountain as a site for high-le...

The court holds that the operators of the Three Mile Island nuclear reactor violated their duty of care to the public by releasing, during a 1979 accident at the facility, radiation in levels exceeding federal standards for radioactivity allowed in liquid or airborne effluents released off premises....

The court holds that punitive damages are available under Pennsylvania law and the Price-Anderson Amendments Act of 1988 (PAA)) to plaintiffs in a suit against the operators of the Three Mile Island nuclear reactor for personal injuries allegedly resulting from exposure to radiation released during ...

The court holds that the installer of an underground heating oil storage tank may be held liable as an "operator" under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for the ongoing nuisance created by an alleged release from the tank. The court first holds that this case does not i...