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Earth Island Inst. v. Albright

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device regulations under §609 of the U.S. Departments of Commerce, Justic...

Davis Bros. v. Thornton Oil Co.

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former sublessee operated a gasoline station at the site, which was next ...

Bankcorpsouth Bank v. Environmental Operations, Inc.

A district court held that a bank may go forward with its CERCLA and negligence claims against engineering and remediation companies that prepared and implemented an environmental remediation plan for property in which the bank holds an interest, but it dismissed the bank's strict liability and negl...

Saline River Properties, LLC, v. Johnson Controls, Inc.

A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an administrative order on consent that requires the former owner ...

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 natural resource damages under the Comprehensive Environmental R...

North Carolina v. Virginia Beach, City of

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements for the project's pipeline to cross land at a FERC-licensed hydr...

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

Medical Waste Assocs. Ltd. Partnership v. Mayor of Baltimore

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...

Intel Corp. v. Hartford Accident & Indem. Co.

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...

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 arising from contamination at Missouri sites where the waste was spray...