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Boston Gas Co. v. Century Indemnity Co.

The First Circuit, in a case involving an insurance company's obligations to its insured for damages stemming from contamination at a former manufactured gas plant, upheld a lower court decision allocating damages evenly across the 121-year span from the time of plant operations to trial, thereby re...

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct discharges into state waters, but ammonia and other pollutants may ente...

Brodsky v. United States Nuclear Regulatory Commission

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations. Environmental and citizens groups filed ...

Lost Tree Village Corp. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The property is located on a barrier island of Florida, much of which is ...

Center for Biological Diversity v. BP America

The Fifth Circuit affirmed in part and reversed in part a lower court decision dismissing an environmental group's CWA, CERCLA, and EPCRA claims against BP and Transocean Ltd. following the Deepwater Horizon disaster. BP leased the mobile offshore drilling unit known as Deepwater Horizon from Transo...