The court holds that the progressive contamination of surface water and groundwater from a hazardous waste disposal site constitutes an occurrence under the insured's comprehensive general liability insurance policies. The court, applying the actual injury rule to determine whether property damage o...
The court holds that neither listing a hazardous waste disposal site on the National Priorities List (NPL) nor government approval of the cleanup plan is a prerequisite to a private action to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERC...
The court holds that the Federal Energy Regulatory Commission's (FERC's) decision pursuant to the Federal Power Act to issue five preliminary permits for hydroelectric projects in the Snohomish River Basin without preparing a comprehensive plan for the area is unsupported by the record. The court ho...
The court awards the United States and South Carolina the costs for their removal action at the Bluff Road site under the Comprehensive Environmental Response, Compensation, and Liability Act. The court holds that defendants are liable to the United States for cleanup costs and administrative, inves...
The court dismisses with prejudice the claims for surface cleanup response costs at the Bluff Road site against a defendant in a cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act upon settlement of the claims for $15,000.
[Other decisions in this l...
The court holds that companies that sold a chemical manufacturing plant to a defendant in a Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) cost recovery action are not liable as third-party defendants because the defendant assumed all liabilities of the plant under t...
The court awards the United States and South Carolina the costs for their surface removal actions at the Bluff Road site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After adding certain supplemental costs incurred by plaintiffs since the court's November...
The court holds that the federal regulations promulgated in 1982 pursuant to §402 of the Surface Mining Control and Reclamation Act (SMCRA) can be retroactively applied. The court first holds that the 1982 regulations did not overrule or change the settled law as defined by the regulations that app...
The court holds that the Bureau of Land Management's (BLM's) decision not to prepare an environmental impact statement (EIS) prior to issuance of an oil and gas lease in national forests in the Rocky Mountain area was reasonable. The court first holds that plaintiffs' National Environmental Policy A...
The New Jersey Supreme Court holds that 339 residents of Jackson Township are entitled to $8 million in damages for diminished quality of life and the cost of annual medical surveillance as a result of well-water contamination by toxic pollutants that leached from the township's landfill. The court ...