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Indiana Farm Bureau Insurance Co. v. Harleysville Insurance Co.
An Indiana appellate court reversed and remanded a lower court decision that an insurer need not defend and indemnify a service station owner in underlying state administrative proceedings concerning the environmental remediation of the site. The insurer argued that because the loss occurred pri...
No Wetlands Landfill Expansion v. County of Marin
A California appellate court reversed a lower court decision directing a county board to hear an administrative appeal of an environmental impact report (EIR) and permit for a landfill expansion project. A local environmental enforcement agency issued the permit after considering and certifying ...
Applewood Properties, LLC v. New South Properties, LLC
A North Carolina appellate court held that the state's Sedimentation Pollution Control Act (SPCA) does not apply if there was no deposition of sediment to water. The owner of a golf course claimed that a construction company was liable under the SPCA for damages stemming from land-disturbing act...
American Alternative Insurance Co. v. Moon Nurseries, Inc.
A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire. The fire involved chlorine, a hazardous substance, and the company asserted that its insureds--two fire companies—"removed" and "remediated...
Comer v. Murphy Oil USA, Inc.
A district court held that the doctrines of res judicata and collateral estoppel bar individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina. The individuals asserted that the companies' activitie...
Shell Oil Co. v. United States
The Federal Circuit vacated a trial judge's decision requiring the United States to indemnify certain oil companies for environmental cleanup costs under CERCLA. Because the trial judge's wife owned shares in the parent company of two of the defendant oil companies, he decided to sever the two o...
Solutia, Inc. v. McWane, Inc.
The Eleventh Circuit held that parties subject to a consent decree may not file claims for cost recovery under §107(a) of CERCLA and that their remedies are limited to filing claims for contribution under CERCLA §113(f). If a party subject to a consent decree could simply repackage its §113(f...