The court holds that carbon monoxide emitted from a malfunctioning residential heater is not a pollutant under the pollution exclusion clause of a comprehensive general liability policy, and, thus, the insurer has a duty to indemnify and defend the insured. After inhaling fumes from a faulty heating...

The court holds that res judicata bars a manufacturer's declaratory relief action seeking a declaration that insurers must indemnify the manufacturer for claims brought against it for harm caused by the discharge of chemicals to groundwater at a California site. In a prior action, a court held that ...

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the necessary permits to begin preparing the site for the construction...

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing the...

The court holds that federal sovereign immunity bars an action initiated by the commonwealth of Puerto Rico's environmental agency in an effort to impose restrictions on the U.S. Navy's extraction of waters from a river. During World War II, the Navy obtained a permit from the commonwealth to extrac...

The court holds that an environmental group's claim that the U.S. Department of Defense (DOD) and a state military department violated the National Environmental Policy Act (NEPA) by failing to prepare an environmental assessment (EA) in connection with plans to build a military center is not ripe. ...

The court holds that individuals' Resource Conservation and Recovery Act (RCRA) and state-law claims against a gasoline corporation that spilled 600,000 gallons of gasoline onto the individuals' property and a surrounding lake and creek are not barred because the state has not engaged in a Comprehen...

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway Administration (FHwA) for failing to prevent a county from approving the...

The court holds that pollution exclusion clauses preclude insurers' obligation to defend and indemnify a rubber products manufacturing company in an environmental liability suit brought against it by third parties after contamination was discovered on the company's property. The court first holds th...

The court upholds the U.S. Fish and Wildlife Service's (FWS') denial of Missouri's Freedom of Information Act (FOIA) request for certain documents produced by a nonprofit corporation involved in the conservation and protection of the Missouri River. The corporation is made up of fish and wildlife co...