The court holds that an insurance policy's pollution exclusion provision bars recovery of an insured manufacturing company's nuisance settlement costs and industrial waste cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The insured manufacturin...

The court holds that while a state can apply its conservation laws to Indians who have acquired treaty rights to hunt and fish only if the state's laws are necessary for conservation, a state's laws may be presumed necessary for conservation if an Indian tribe has enacted wildlife laws similar to st...

The court holds that an Alabama statute that prohibits importation of hazardous waste shipments from states without capacity assurance plans under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not violate the Commerce Clause or the Supremacy Clause of the U....

The court, interpreting Pennsylvania law, holds that response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) constitute "damages" under a comprehensive general liability (CGL) insurance policy, but recovery may not exceed the value of the property. The...

The court holds that a nonprofit association of electrical generating facilities that discharged treated wastewater into Florida's surface waters was not entitled to intervene as of right in a citizen suit against the United States Environmental Protection Agency (EPA) under the Federal Water Pollut...

The court holds that the government can bring suit to recover civil penalties for past Federal Water Pollution Control Act violations and that the state environmental protection agency could not grant national pollutant discharge elimination system (NPDES) variances without first giving the notice t...

The court holds that the town's zoning regulations imposing setback requirements on oceanfront property are constitutional under the Due Process Clause and the Fifth Amendment as applied to the affected landowner. Because the town's sand dune setback regulation is substantially related to the advanc...

The court holds that Federal Water Pollution Control Act (FWPCA) §313 waives the United States' sovereign immunity from civil penalties for FWPCA violations. Environmental groups, in a citizens' action for injunctive relief and civil penalties against the United States Department of the Interior (D...

The court modifies a 1984 judgment that enjoined timber sales in the Mapleton Ranger District of the Siuslaw National Forest pending the Forest Service's compliance with the National Environmental Policy Act (NEPA). The court holds that §318 of the Department of the Interior Appropriations Act for ...

The court holds that the special master properly directed the verdict after finding California liable for pre-1980 activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs at the Stringfellow site. The court holds that by consenting to the...