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Chubb Custom Insurance Co. v. Space Systems/Loral, Inc.

The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property. The company claimed that the defendants should be held joint...

Filippone v. Iowa Department of Natural Resources

An Iowa appellate court affirmed the dismissal of a minor's petition asking the Iowa Department of Natural Resources to adopt new rules regarding the emission of greenhouse gases in the state. She first argued that the state agency acted unreasonably in denying the proposed rule because Iowa's Inali...

Gmoser's Septic Service, LLC v. Charter Township of East Bay

A Michigan appellate court held that Michigan's Natural Resources and Environmental Protection Act does not preempt a local ordinance requiring all septic tank waste collected from within a township to be taken to a specific treatment facility. Although the state legislature enacted a comprehensive ...

Los Angeles, City of v. Kern, County of

A California appellate court upheld a lower court decision preliminarily enjoining a county from enforcing a voter-approved ballot measure banning the use of agricultural fertilizer made from recycled municipal sewage sludge in unincorporated areas of the county. The application of this fertilizer, ...

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state. But here, the agency failed t...

AVX Corp. v. United States

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing an electronic manufacturer's CERCLA claim against the United States for costs it incurred cleaning up tricholoroethylene (TCE) contamination on a parcel of property in Myrtle Beach, South Carolina. The manufact...