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AquAlliance v. Bureau of Reclamation
The D.C. Circuit held that the federal government is not required to reveal the location of water wells under an exemption to FOIA. A environmental group dedicated to protecting the Northern California ecosystem and watersheds filed FOIA requests seeking copies of all documents related to water tran...
Von Duprin LLC. v. Moran Elec. Serv. Inc.
A district court found that an Indiana Superfund law allows for contribution claims even though the law does not directly reference them. In 2013, a hardware manufacturing company was found liable by the Indiana Department of Environmental Management (IDEM) for releases of hazardous substances on an...
Mid-Monmouth Realty Assocs. v. Metallurgical Indus., Inc.
A New Jersey appellate court ruled that an insurance company must indemnify a realty company for soil removal connected to groundwater contamination at one of its properties. By merger, the realty company became the successor in ownership to a property that had been leased to a recycling company. Fo...
Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.
A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the Pennsylv...
Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.
A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the Pennsylv...
Waterkeeper Alliance v. EPA
The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air releases from animal waste, reasoning that the reports ...
Nolen Scott Ely v. Cabot Oil & Gas Corp.
A district court vacated a jury verdict and award of $4.2 million award in favor of two Pennsylvania families in a case involving well water contamination from a fracking operation. In 2009, 44 families sued an oil company for damages suffered as a result of the company's natural gas drilling operat...