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Governance

Independent Petrochemical Corp. v. Aetna Casualty & Sur. Co.

The court holds that two insurance companies have no duty to defend or indemnify a company that served as the intermediary for the disposal of dioxin-contaminated waste against personal injury and property damage claims allegedly...

Rockford Drop Forge Co. v. Pollution Control Bd.

The court holds that an owner of contaminated property may not receive reimbursement from Illinois's underground storage tank (UST) fund for cleanups resulting from an underground heating oil storage tank leak, and the owner's...

G. Heileman Brewing Co. v. Royal Group, Inc.

The court, on reargument of summary judgment motions necessitated by intervening Michigan Supreme Court decisions, holds that insurers of a beer manufacturer are not required to provide the manufacturer with coverage under its...

Aetna Casualty & Sur. Co. v. Pintlar Corp.

The court holds that insurance companies have a duty to defend an insured chemical company under its comprehensive general liability (CGL) policies against claims by the U.S. Environmental Protection Agency (EPA) for response costs and...

New Castle County v. Hartford Accident & Indem. Co.

The court holds that a pollution exclusion clause in a comprehensive general liability insurance policy does not bar an insured county's right to indemnification of amounts that it must pay in lawsuits resulting from pollution from a...

Gerrish Corp. v. Universal Underwriters Ins. Co.

The court holds that an insurance policy, as amended by the insurer's agent to negate the policy's pollution exclusions, provides coverage of state claims for environmental cleanup costs. Although the original policy language excluded...

Public Interest Research Group of N.J. v. Star Enter.

The court denies defendants' certification motion to bring an interlocutory appeal of the court's earlier ruling that defendant is liable in a Federal Water Pollution Control Act (FWPCA) citizen suit for violating its national pollutant...

Hirtz v. Texas

The court holds that a state-imposed public easement over private beachfront property is not a compensable taking, and the risk that some property would be lost to the sea was assumed at purchase. After hurricane Alicia in 1983 and the...

Sierra Club v. Chemical Handling Corp.

The court holds that an environmental organization has standing to sue a chemical corporation for damages and injunctive and declaratory relief under the Resource Conservation and Recovery Act (RCRA). The organization alleged that the...

Arcade Water Dist. v. United States

The court holds that a district court erred in concluding that a Federal Tort Claims Act (FTCA) suit by a water district against the United States for contamination of a well by a military laundry is barred by the FTCA's two-year...