The court holds that under Arkansas law, the phrase "as damages" in the insuring clause of a standard form comprehensive general liability policy does not cover cleanup costs incurred pursuant to a consent decree between the insured and the U.S. Environmental Protection Agency (EPA). The court revie...

The court holds that the district court improperly ruled on summary judgment that two Ohio statutes regulating the import of solid waste generated in other states for disposal in Ohio violates the Commerce Clause of the U.S. Constitution. The statutes establish higher fees for wastes generated outsi...

The court holds that the district court abused its discretion by imposing sanctions under Federal Rule of Civil Procedure 11 on an insured company that sought coverage from a secondary insurer for environmental cleanup liabilities. Based on the district court's own findings, the insured could reason...

The court, applying New Jersey law, holds that comprehensive general liability (CGL) insurance policies containing original and modified pollution exclusion provisions do not provide an insured manufacturer of cable and wire with coverage for the unintended environmental damage caused by the insured...

The court holds that the U.S. Environmental Protection Agency (EPA) properly refused a Freedom of Information Act (FOIA) request to release conflict of interest forms filed by members of EPA's scientific advisory panel (SAP) and scientific advisory board (SAB). An attorney for an environmental organ...

The court holds that the Army Corps of Engineers' denial of landowners' Federal Water Pollution Control Act §404 permit application to develop property containing wetlands constitutes a Fifth Amendment taking entitling the landowners to just compensation. The landowners' property included 12 acres ...

The court vacates a district court's refusal to grant attorney fees to an environmental organization that prevailed in an action to enjoin the U.S. Army Corps of Engineers from completing a dam pending supplementation of an environmental impact statement for the project. The district court held that...

The Court holds that a Michigan law requiring private landfill operators to limit their business to accepting wastes only from the counties in which their facilities are located violates the Commerce Clause of the U.S. Constitution. A landfill operator who was denied authority to accept out-of-state...

The court holds that a local ordinance imposing geographic restrictions on the sources of waste for a regional medical waste incinerator does not violate the Commerce Clause of the U.S. Constitution. A commercial enterprise obtained authorization to construct a medical waste incinerator, and after c...

The court holds that a manufacturer of dichloro-diphenyl-trichloroethane (DDT) is not entitled to reimbursement from its primary insurance carrier for defense costs and indemnification for losses stemming from lawsuits alleging damages from DDT released from the manufacturer's Alabama facility, beca...