The court holds that a corporation's insurance policy covered costs related to the 1979 discovery of contamination resulting from a 1974 perchloroethylene (PERC) spill. The court first notes that under Rhode Island law "property damage" and "occurrence" are inextricably intertwined. There can be no ...

The court holds that an insurance company does not owe a duty to defend and indemnify policyholders in an action arising out of the policyholders' maintenance of a solid waste dump on property subsequently sold to a developer. The court first holds that the policyholders have preserved only the owne...

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the appellant waste contractors' association does not have standing to challenge one of the waste disposal statutes...

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution's Commerce Clause. The court first holds that the city's policy does not have a discriminatory effect on interstate com...

The court holds that the Court of Federal Claims has jurisdiction over a drilling company's takings and contract claims against the United States arising from the Bureau of Land Management's (BLM's) refusal to issue drilling permits for federal lands covered by the company's mining leases. The court...

The court holds that a district court erroneously dismissed foreign plaintiffs' environmental and personal injury claims against a U.S. oil company on the grounds of forum non conveniens, comity, and failure to join an indispensable party. The claims alleged that members of the indigenous tribes suf...

The court denies a motion to certify for immediate appeal its previous order holding that abstention was unwarranted in a college's Comprehensive Environmental Response, Compensation, and Liability Act and Resource Conservation and Recovery Act suit against a town. The court first holds that the tow...

The court holds that an action alleging that the U.S. Army Corps of Engineers adopted annual operating plans for the Missouri River for the 1995-1996 and 1996-1997 navigation seasons in violation of the National Environmental Policy Act is moot. The state and an environmental group contend that the ...

The court affirms a district court dismissal of an oil company's action to obtain an order directing the Secretary of the Interior to restore lands once designated for federal oil and gas leases. The court first holds that the district court properly relied on Tenth Circuit precedent in holding that...

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...