The court holds that the doctrine of equitable tolling permits environmental groups to challenge timber sales in old growth forests of the Pacific Northwest. Section 318 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (Appropriations Act) requires that ...
The court holds that an insurance company is not required to indemnify its insured for losses resulting from the release by vandals of fuel oil from the insured's holding tank. The court first holds that a total pollution exclusion clause in a certificate of insurance issued to the insured and dated...
The court holds that the Environmental Protection Agency (EPA) properly denied Pennsylvania's proposed second supplement to its Clean Air Act state implementation plan (SIP) that would relieve the state from taking the additional measures promised in supplement one. Pennsylvania alleges that new dat...
The court rules that a governmental suit for the recovery of costs incurred in responding to completed violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) falls under the police power exemption to the automatic stay provisions of the Bankruptcy Code. New ...
The court holds that a district court properly apportioned approximately $300,000 in costs in a contribution action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), with two-thirds of the liability to be borne by the corporate lessee of the contaminated site ...
The court rules that defendants are liable only to those plaintiffs that suffered direct physical impacts from the 1989 oil spill in Prince William Sound. The court first holds that the oil spill is a maritime tort subject to admiralty jurisdiction. The spill meets both the locality and maritime nex...
The court holds that a real estate developer's strategic lawsuit against public participation (SLAPP suit) challenging a local property tax exemption for a nonprofit nature conservancy's administrative center constitutes retaliatory and frivolous conduct, and the developer must compensate the conser...
The court holds that a company in the business of coil coating must pay a $2,093,750 civil penalty for violations of pretreatment standards under the Federal Water Pollution Control Act (FWPCA). The court first holds that FWPCA §309(a)(3) does not prevent the government from bringing a civil action...
The court holds that an insurer must defend and indemnify a county under comprehensive general liability insurance policies for claims arising from pollution leaching from two county landfills. The court first holds that the insurer must provide primary coverage to the county. The court previously h...
The court affirms the conviction of a former public utilities director of Enid, Oklahoma, for 18 felony counts of falsely reporting a material fact to a government agency, under 18 U.S.C. §1001, and two misdemeanor counts of discharging pollutants into the waters of the United States in violation o...