The court grants an environmental group's motion for partial summary judgment against Pennsylvania officials for failing to implement the state-enhanced vehicle inspection and maintenance (I/M) program in 16 counties by November 15, 1999, as required by the Pennsylvania state implementation plan (SI...

The court upholds the U.S. Environmental Protection Agency's (EPA's) redesignation of five parcels of tribal land as a nonfederal Class I area under the Clean Air Act (CAA) prevention of significant deterioration (PSD) program. The court first holds that Arizona's chamber of commerce lacks standing ...

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for review. The heart of the associations' argument is that the credi...

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the United States in state court seeking civil penalties for a U.S. ...

The court remands a municipality's request for litigation costs relating to its successful challenge of a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) rule establishing new source performance standards for the combustion of municipal solid waste. The court first holds that the muni...

A district court dismissed the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations. The government alleged that the former owners undertook construction projects at the plant without having obtain...

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 natural resource damages under the Comprehensive Environmental R...

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 landfill. The clause provided that the insurer was not obligated t...

The court holds that a local ordinance imposing geographic restrictions on the sources of waste for a regional medical waste incinerator does not violate the Commerce Clause of the U.S. Constitution. A commercial enterprise obtained authorization to construct a medical waste incinerator, and after c...

The court holds that a computer circuit manufacturer is entitled to reimbursement under its comprehensive general liability insurance policy of expenses incurred pursuant to a government consent decree requiring it to clean up toxic waste contamination at a former manufacturing facility. The court f...