The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized under the Surface Mining Control and Reclamation Act (SMCRA). The g...
The court holds that a trial court correctly ruled that landowners, aggrieved by a zoning administrator's oral decision, failed to exhaust administrative remedies by not filing a timely appeal to the board of zoning appeals, as required by state statute. The landowners contested the zoning administr...
The court affirms a district court ruling that an oil company that operated a service station on leased property was liable to the lessor for all damages caused by a leaking underground storage tank, including the lessor's inability to sell or lease the property immediately surrounding the leased pr...
The court denies a county board of commissioners' petition to compel the Ohio environmental agency to disclose records designated as trade secrets that the agency received from a hazardous waste facility. The court first holds that oral argument is not warranted here because the parties' briefs are ...
The court holds that a state could be held negligent for failing to remove underwater debris that injured a swimmer even though the state environmental agency never formally designated for swimming the beach where the swimmer was injured. The court first holds that a formal designation of a beach as...
The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...
The court, applying Colorado law, reverses a district court decision holding that the pollution exclusion clause in one of two insurance policies held by a Colorado sanitation district precluded an insurer from having to defend the district against a Clean Water Act citizen suit arising from the dis...
The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by the Central Interstate Low-Level Radioactive Waste Commission. ...
The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...
The court, interpreting Texas law, holds that exposure to asbestos is the event that triggers an insurer's duty to defend in asbestos personal injury cases under a uniform comprehensive general liability policy and, therefore, reverses a district court decision holding that an insurer need not defen...