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Great Lakes Water Exports and Diversions: Annex 2001 and the Looming Environmental Battle

On June 18, 2001, all eight governors of the Great Lakes states and the premiers of the two Canadian provinces bordering the Great Lakes basin gathered at the impressive Prospect Point in Niagara Falls to sign a sweeping joint declaration. Known as "Annex 2001," the document is a supplementary agreement to the Great Lakes Charter of 1985. But unlike the loose and informal charter, Annex 2001 commits this diverse and multipartisan group of political leaders to find a way to collectively manage the Great Lakes basin.

Gardner v. New Jersey Pinelands Comm'n

The court holds that zoning regulations of a state commission that limit the use of land in an environmentally sensitive area protected under federal law do not constitute an unconstitutional taking of private property. Congress established the Pinelands National Reserve in New Jersey under the Nati...

Board of County Comm'rs v. Water Quality Control Comm'n

The court holds that the statistical methodologies used by the Colorado Water Quality Control Commission in promulgating water quality standards for cadmium, lead, and silver in the North Fork of the South Platte River were not compatible with water quality data, and the standards are thus based on ...

El Pueblo Para el Aire y Agua Limpio v. Kings, County of

The court rules that the final environmental impact report that resulted in issuance of a conditional use permit for the construction and operation of a hazardous waste incinerator at the Kettleman Hills site in Kings County, California, was inadequate as an informational document under the Californ...

Armotek Indus. v. Employers Ins. of Wausau

The court, applying Pennsylvania law, holds that an insured cannot recover the costs of a state-mandated cleanup of hazardous waste under general liability insurance policies. The court first holds that Pennsylvania rather than New Jersey law applies. Pennsylvania was the place of contracting and pe...

Broderick Inv. Co. v. Hartford Accident & Indem. Co.

The court holds that under Colorado law, the pollution exclusion clause in a comprehensive general liability insurance policy bars coverage for environmental response costs sought by the U.S. Environmental Protection Agency (EPA) in connection with a wood product company's discharge of waste materia...

Idaho Dep't of Health & Welfare v. Department of Energy

The court holds that the Department of Energy's (DOE's) storage of additional nuclear waste at an existing storage facility does not constitute construction or modification subject to permitting under Idaho's clean air regulations. Idaho's regulations under the Clean Air Act do not require DOE to ob...

Chemical Waste Management, Inc. v. Hunt

The Court holds that an Alabama act that imposes a disposal fee on hazardous wastes generated outside the state, but not on hazardous wastes from sources within Alabama, violates the Commerce Clause of the U.S. Constitution. The operator of a commercial hazardous waste landfill in Alabama, which is ...

Gopher Oil Co. v. Union Oil Co. of Cal.

The court holds that a vendor of property contaminated by petroleum products fraudulently misrepresented the property's contamination to the purchaser, and the vendor is 100 percent liable for cleanup costs. The court first holds that the vendor failed to make a timely objection to the jury instruct...

Hartford Accident & Indem. Co. v. U.S. Fidelity & Guar. Co.

The court, in a case of first impression under Utah law, holds that the "sudden and accidental" phrase in a comprehensive general liability policy pollution exclusion clause means abrupt or quick and unexpected or unintentional. An insurer denied indemnification to a natural gas company for continuo...