The court holds that a comprehensive general liability insurance policy covers costs that an insured corporation incurs to clean up an area around an underground storage tank that had leaked hazardous substances into the soil and groundwater. The insured corporation had entered into a consent decree...

The court holds that plaintiff homeowners' challenge to construction of a flood control dam and relocation of a highway is barred by laches, and that the environmental impact statement (EIS) supporting the project is adequate under the National Environmental Policy Act (NEPA). The court first holds ...

The court holds that the federal government is estopped from alleging that defendant violated Federal Water Pollution Control Act (FWPCA) §404 by placing fill material seaward of the high tide line without a permit. The court rules that estoppel is a valid defense against the government when an aff...

The court holds that proofs of claim for contribution filed in a Chapter 11 bankruptcy in connection with hazardous waste response costs are contingent and will be disallowed, and application of the Bankruptcy Code's disallowance provision does not impermissably contravene the Comprehensive Environm...

The court holds that it lacks subject matter jurisdiction over a Clean Air Act (CAA) §304 citizen suit to compel the Environmental Protection Agency (EPA) to issue additional air pollution regulations for the protection of visibility in federal parks and wilderness areas. In 1980, EPA adopted a pha...

The court, interpreting New York law, holds that an insurer has an obligation to defend a company that sold salvage oil to the operator of a hazardous waste disposal site. The court first holds that the insurer must defend the company in the private lawsuits to which the company is a party. The plea...

The court holds that the Environmental Protection Agency (EPA) must set a date by which New York must revise its substantially inadequate state implementation plan (SIP) for carbon monoxide and ozone. The court first holds that EPA has a nondiscretionary duty under §110(c)(1) of the Clean Air Act t...

The court holds that a parent corporation is not liable for cleanup costs for which its subsidiary is liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Louisiana Environmental Quality Act. The court first rules that CERCLA does not provi...

The court holds that contribution claims may be asserted against a municipality and a local aviation board by the generator defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action brought by the United States. The municipality and the aviat...

The court holds that a preliminary injunction is appropriate on an environmental group's claims that the Forest Service failed to publish a proper notice of its decision to reoffer a timber contract in an old growth area of a national forest, the resale violates the Service's clearcutting guidelines...