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Teck Metals, Ltd. v. Certain Underwriters at Lloyd's, London

A district court held that response costs a Canadian zinc producer incurred pursuant to a settlement agreement with EPA constitute "damages" under its insurance policies. Although the remedial investigation and feasibility study (RI/FS) is not being conducted pursuant to an order from EPA, it is non...

Colton, City of v. American Promotional Events, Inc.

A district court dismissed all but one of the United States' CERCLA claims against several companies for response costs incurred at a hazardous waste site in Rialto, California. Under Federal Rule of Civil Procedure 13(a), the United States should have asserted the claims in a prior 2005 action beca...

United States v. Clark

A district court held that under Illinois law, an insurer has a duty to defend the former owner of the South Green Plating Superfund site in Chicago, Illinois, in an underlying CERCLA case concerning the reimbursement of U.S. response costs incurred at the site. The government's underlying allegatio...

Sheffield v. Fort Thomas, City of

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Northern Int'l Remail & Express Co. v. Robbins

A New Jersey appellate court held that liability under the New Jersey Spill Compensation and Control Act is not imposed if a party's only link to the discharge is through the passive migration of pre-existing contamination. Accordingly, the court affirmed a lower court decision dismissing a property...

American Trucking Ass'ns v Los Angeles, City of

A district court upheld a "Clean Air Action Plan" adopted by a California port designed, among other things, to reduce emissions related to port operations, including emissions from heavily polluting trucks. A trucking association argued that the program was preempted by the Federal Aviation Adminis...

Cook v. Rockwell Int'l Corp.

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Quapaw Tribe of Okla. v. Blue Tee Corp.

A district court held that the state of Oklahoma is not an indispensable party in a Native American tribe's action for natural resources damages against the successor entities of mining companies that operated in the former Tri-State Mining District. The natural resources at issue are located solely...

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd.

Massachusetts' highest court upheld a Massachusetts Energy Facilities Siting Board decision approving a power company's petition to build and operate two electric transmission lines to connect a proposed offshore wind-powered energy generating facility to the regional electric power grid. The power ...

Association of Am. RRs. v. South Coast Air Quality Management

The Ninth Circuit held that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts three local government agency rules aimed at limiting air pollution from idling trains. The rules have not become a part of California's EPA-approved SIP and, thus, do not have the force and effec...