The court holds that an insurance policy, as amended by the insurer's agent to negate the policy's pollution exclusions, provides coverage of state claims for environmental cleanup costs. Although the original policy language excluded coverage of such claims, the court holds that the insurer implici...

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...

The court holds that the district court erred in holding that environmental groups lack standing in their Federal Water Pollution Control Act citizen suit challenging the Department of Energy's (DOE's) proposed reopening of a nuclear reactor at the Savannah River site in South Carolina. The reactor ...

The court holds that comprehensive general liability insurance policies purchased for three wood preserving treatment plants require the insurers to defend and indemnify the plants' owner against claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) arising ...

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 state-imposed public easement over private beachfront property is not a compensable taking, and the risk that some property would be lost to the sea was assumed at purchase. After hurricane Alicia in 1983 and the storm tides in 1988, the private beach properties were left part...

The court, on petition for rehearing, replaces its opinion at 21 ELR 20913, and holds that under Arkansas law, cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not "damages" under a comprehensive general liability (CGL) insurance policy. Afte...

The court holds that under Arkansas law, the phrase "as damages" in the insuring clause of a standard form comprehensive general liability policy does not cover cleanup costs incurred pursuant to a consent decree between the insured and the U.S. Environmental Protection Agency (EPA). The court revie...

The court holds that the district court improperly ruled on summary judgment that two Ohio statutes regulating the import of solid waste generated in other states for disposal in Ohio violates the Commerce Clause of the U.S. Constitution. The statutes establish higher fees for wastes generated outsi...

The court holds that the district court abused its discretion by imposing sanctions under Federal Rule of Civil Procedure 11 on an insured company that sought coverage from a secondary insurer for environmental cleanup liabilities. Based on the district court's own findings, the insured could reason...