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Vermont

State v. Atlantic Richfield Co.

The Vermont Supreme Court affirmed a lower court decision dismissing as untimely the state's claims against a number of companies for generalized injury to state waters due to groundwater contamination from methyl tertiary butyl ether,...

Entergy Nuclear Vermont Yankee LLC v. Shumlin

The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to...

State v. Howe Cleaners, Inc.

The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to...

Prive v. Vermont Asbestos Group

The Supreme Court of Vermont reversed and remanded a lower court’s decision that granted a corporate officer’s motion to dismiss the complaint of a property owner for trespass and nuisance. Contrary to the lower court's...

Green Mountain R.R. Corp. v. Vermont

The Second Circuit held that a Vermont environmental land use statute cannot impose preconstruction permit requirements on proposed railroad transloading facilities. The statute's preconstruction permit requirements are preempted by the...

Vermont Pub. Interest Research Group v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's (FWS') final supplemental environmental impact statement (FSEIS) for its program to control the population of sea lampreys in Lake Champlain and its tributaries was adequate. In...

State v. CNA Ins. Cos.

The court affirms in part and reverses in part a trial court decision that the insurance policies of the Vermont Department of Corrections (DOC) did not provide coverage for an administrative proceeding brought against it by the state...

Pownal Dev. Corp. v. Pownal Tanning Co.

The court affirms a trial court decree allowing a developer to partially foreclose on nine parcels of land while not foreclosing on a 10th contaminated parcel. A tannery owned the land at issue and contaminated the land surrounding its...

Maska U.S., Inc. v. Kansa Gen. Ins. Co.

The court reverses a district court decision and holds that, under Vermont law, an insurance policy's pollution exclusion precludes the insurer's duty to indemnify a clothing manufacturer for liability and defense costs incurred in...

Windham Solid Waste Management Dist. v. National Casualty Co.

The court holds that letters from a state agency demanding that a solid waste management district remediate landfill contamination constitute a claim that was made before the district's liability insurance policy went into effect,...