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California

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of...

Covering Pollution Damage as a Personal Injury: A Recent California Case Bolsters Insureds' Arguments for Coverage

In 1994, a California case called Titan Corp. v. Aetna Casualty and Surety Co.1 seemed to signal the closing of the door on insureds' hopes for insurance coverage for environmental cleanups under the...

Transforming Economic Incentives From Theory to Reality: The Marketable Permit Program of the South Coast Air Quality Management District

Editors' Summary: Modern environmental law has relied almost exclusively on either mandating or forbidding certain conduct in order to reduce pollution. In addressing pollution that causes acid rain, the 1990 Amendments to the Clean...