A district court held that an aerospace and technology company is not entitled to insurance coverage by "operation of law" for certain environmental liabilities under CERCLA on policies issued by an insurance company to the prior owner of the contaminated site at issue. The company's operati...

A district court dismissed a CERCLA §107 claim brought by a group of real estate developers who purchased contaminated property from a manufacturing company in 1986. Prior to purchasing the property, the group hired an environmental consultant who performed a cursory environmental audit. Th...

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...

The Ninth Circuit held that a timber company has standing to challenge EPA's decision to retain the Redwood Creek in Northern California as an impaired water body under CWA §303(d). The company has suffered a reduction in the economic value of its property in the Redwood Creek watershed, and the co...

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C. District Court for consolidation with another case filed by a mining industry trad...

A district court held that CERCLA's statute of limitations does not bar the United States from recovering certain costs it incurred in 1993 and 1995 responding to soil and ground water contamination at the Fletcher Paint Works and Storage Facility Superfund site in Milford, New Hampshire. Af...

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with the companies, the defendants argued that the groups' CWA claim...

The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious. Petitioners argued that EPA did not adequately ensure that Alaska state law will provide the same opportunities for judicial review of permitt...

A Wisconsin appellate court held that an insurer has no duty to indemnify a manufacturing company for costs it incurred cleaning up private landowners' property that was part of a larger environmental remediation effort required by the government. The parties previously stipulated that the insurer w...

A district court denied an energy company's motion to dismiss CERCLA claims filed against it for reimbursement costs incurred by the former owner of a contaminated site, but granted its motion to dismiss the owner's contribution claims under CERCLA §113. The former site owner entered into an admini...