The court holds that under Missouri law an insurer owes neither a duty to defend nor a duty to indemnify a hazardous waste generator in government actions to recover cleanup costs incurred after the expiration dates of the policies. Plaintiff and other parties sought to clarify plaintiff's defense a...
The court rules that §107 of the Clean Air Act authorizes the Environmental Protection Agency (EPA) to include in designated nonattainment areas regions that are in attainment of the national ambient air quality standards, but which contain sources that cause downwind regions to be in violation. Th...
The court refuses to enjoin the granting of a low-power license for the Shoreham, New York, nuclear plant, because the petitioners failed to demonstrate that the potential denial of a full-power license following the failure to adopt an emergency evacuation plan requires supplementation of the plant...
The court holds that a mailgram from the Environmental Protection Agency (EPA) to Ciba-Geigy advising the company that EPA will consider the pesticide simazine mislabeled unless the company adds a groundwater advisory is not final agency action under the Federal Insecticide, Fungicide, and Rodentici...
The court rules that Pacific Northwest Indian treaties grant Indians the right to harvest a share of hatchery fish, but the court declines to grant declaratory judgment on whether the treaties create environmental rights or obligations concerning protection of fish habitat. The court first holds tha...
The court rejects a number of challenges to Nuclear Regulatory Commission (NRC) licensing of the Diablo Canyon Nuclear Power Plant in California, including objections to NRC's consideration of the complicating effects of earthquakes on emergency planning procedures.
The court first reviews the seve...
The court holds that federal involvement in planning and construction of the Barbers Point, Hawaii deep draft harbor has not violated the Endangered Species Act (ESA) or the National Environmental Policy Act (NEPA), and that plaintiff lacks standing to challenge the project's cost-benefit analysis u...
In a case combining an enforcement action by the United States against Texaco, Inc., and a related declaratory judgment action by Texaco and several other oil companies against the Environmental Protection Agency (EPA), the court holds that the United States may bring a Clean Air Act §113 enforceme...
The court rules that people alleging injuries from toxic chemicals leaking into their property from a neighboring landfill may bring an action for a medical surveillance trust fund and cleanup injunction. The court initially denies defendants' motion to strike the complaint for failing to specify th...
The court holds that a citizens' suit under the Federal Water Pollution Control Act (FWPCA) to compel the Administrator of the Environmental Protection Agency (EPA) to approve an application for a sewage treatment construction grant is not a suit for money damages, and that the EPA Administrator was...