The court holds that under Colorado law, the insurer of a manufacturer that contributed to the contamination of groundwater surrounding the Rocky Mountain Arsenal must pay the manufacturer $392,286 in unreimbursed settlement payments, but the insurer need not pay $373,158 of the manufacturer's unrei...

The court holds that environmental groups did not show that New York City's plan to sell or bulldoze lots containing community gardens would have an impermissible adverse impact on minority communities. The groups opposed the city's plan claiming that it would violate U.S. Environmental Protection A...

The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...

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...

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...

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...

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...

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...

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 ...

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...