The court holds that the Navy's environmental impact statement (EIS) for its planned submarine testing range near Ketchikan, Alaska, complied with the National Environmental Policy Act. The Navy studied 14 potential areas for testing the quietness of its Trident submarines, and after concluding on t...

The court upholds an Environmental Protection Agency (EPA) regulation under the Safe Drinking Water Act (SDWA) that allows EPA to temporarily stay the process for withdrawing state enforcement primacy when a state fails to meet a deadline for conforming with new or revised national standards for rea...

The court generally upholds a district court's award of attorney fees to parties that obtained an injunction preventing the Environmental Protection Agency (EPA) from banning the pesticide dinoseb. After the district court granted the injunction, which was upheld on appeal, one plaintiff filed a pet...

The court holds that insurers have no duty to indemnify policyholders under comprehensive general liability (CGL) insurance policies for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at four sites in New Hampshire. The court first rules that M...

The court, which previously held that insurers did not have a duty to indemnify policyholders for environmental contamination at four sites in New Hampshire, holds that an insurer's duty to defend the policyholders terminated at the time the court found no duty to indemnify. The court observed that ...

The court holds that community members failed to show that a missile manufacturer contaminated their drinking water to levels sufficient to cause injury or that the contaminants caused their health problems. The court first noted that it must preliminarily determine whether expert methodology is the...

The court holds that manufacturers of electrical transformers containing polychlorinated biphenyls (PCBs) are not required to provide restitution to or indemnify purchasers of the transformers for the costs of cleaning up property contaminated by the PCBs. A Florida utility purchased the transformer...

The court holds that the Occupational Safety and Health Act (OSH Act) does not preempt a state criminal manslaughter action. The intermediate appeals court had found, sua sponte, that the OSH Act preempted criminal prosecution of a company supervisor for involuntary manslaughter of an employee who d...

On a motion for rehearing, the court holds that a portion of its prior decision at 20 ELR 21316, which addressed a preemption challenge to Alabama's regulations prohibiting land disposal of untreated wastes, has not been mooted, and the issue of whether Alabama's regulations requiring preapproval fo...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude preenforcement judicial review of a challenge to a lien imposed under CERCLA §107(l). The Environmental Protection Agency (EPA) imposed the lien on plaintiffs' prope...