The court holds that excess liability insurance policies cover an insured's potential liability for environmental contamination at a former manufactured gas plant site in Dover, New Hampshire. The district court did not err in refusing to allow the case to go to the jury. The insurer claims that the...

A court reverses a lower court decision denying a petition challenging a city's approval of a construction project for a hotel, gas station, and convenience store complex. The city's reliance on an addendum to a mitigated negative declaration for the project, instead of independent environmental rev...

A court holds that the state legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating development. Consequently, the California Coastal Commission erred in imposing special conditions on a developer's permit to build a residence and must rehear th...

The court holds that the California Timberland Productivity Act of 1982 (TPA) and general state forestry law do not preempt two county zoning ordinances relating to the permissible locations for timber operations. One ordinance restricts timber harvesting to specified zone districts within the count...

The court rejects landowners' request for a declaratory judgment challenging the U.S. Fish and Wildlife Service's (FWS') determination that their land could not legally be used for goose hunting. FWS regulations prohibit the taking of migratory birds by the aid of baiting or on or over any baited ar...

A court upholds the dismissal of residents' state- and local-law claims challenging the rezoning of a large area of land for retail development. The rezoning does not require a three-fourths majority vote of the town board because the residents' protest petition that sought to require a supermajorit...

The court denies a motion to remand to Louisiana state court individuals' class action against a company for the alleged seepage of mercury from one of its facilities. In addition to suing the company in state court, the class filed suit against the state environmental agency for failing to monitor,...

A court reverses a lower court decision denying a petition challenging a community college district's approval of a large construction and remodeling project. The district prejudicially abused its discretion by certifying a final environmental impact report (EIR), adopting a statement of overriding ...

A court upholds a declaratory judgment requiring the defendant insurance company to contribute to a second insurance company's cost of defending a manufacturing plant that both companies insured. The defendant previously entered into a settlement agreement with the plant that released it from any ob...

The court holds that the final environmental impact statement (EIS) the Bureau of Land Management (BLM) prepared in connection with its plan to offer long-term oil and gas leases in a portion of Alaska complies with the National Environmental Policy Act and the Endangered Species Act. Environmentali...