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Alpine Forrest Partners v. Crown Cent. Petroleum Corp.

The court affirms a jury verdict in favor of defendants, a gas station and an environmental consulting group, in a suit alleging property damage from a trespassing and leaking underground gasoline storage tank the consultants failed to discover. The consulting group was hired to perform an environme...

Alves v. United States

The court holds that the Bureau of Land Management's (BLM's) failure to prevent livestock from trespassing on public lands over which a rancher held grazing permits does not constitute a Fifth Amendment taking or a breach of contract. The case arose out of BLM's failure to fully enforce an injunctio...

Stamford Wallpaper Co. v. TIG Ins.

The court holds that under Connecticut law, an insurer has no duty to defend a wallpaper manufacturer against Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) claims that fall within the scope of the pollution exclusion clause of the manufacturer's comprehensive genera...

SnyderGeneral Corp. v. Continental Ins. Co.

The court holds that the pollution exclusion clauses contained in two insurance policies preclude coverage for a large trichloroethylene (TCE) spill at a heating and air conditioning equipment manufacturer's plant. The spill occurred after TCE in a degreasing tank overflowed and spilled into a drain...

Northcoast Envtl. Ctr. v. Glickman

The court affirms a district court holding that, under the National Environmental Policy Act (NEPA), an interagency Port-Orford cedar (POC) management program prepared by the U.S. Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) was not a final agency action that requir...

Boardman Petroleum, Inc. v. Federated Mut. Ins. Co.

The court holds that Georgia law applies to consolidated cases involving environment-related insurance claims arising from an insured's ownership and operation of two gas stations in South Carolina. The insurer filed an action in a South Carolina federal court for a declaratory judgment that no cove...

Idaho Sporting Congress v. Thomas

The court holds that the U.S. Forest Service failed to meet National Environmental Policy Act (NEPA) requirements for public disclosure of information and failed to take a hard look at the effects of proposed timber sales from the Miners Creek and West Camas Creek drainages in the Targhee National F...

Deni Assocs. of Fla. v. State Farm Fire & Casualty Ins. Co.

The court holds that a pollution exclusion clause in a comprehensive general liability (CGL) policy unambiguously excludes coverage of injuries arising from an accidental ammonia spill in an office building as well as injuries due to the aerial spraying of a chemical insecticide. The court first hol...

Wilson v. Amoco Corp.

The court issues a mandatoryinjunction against an oil company for extensive contamination of a river and surrounding land, but due to lack of evidence refuses to enjoin three other companies. The court first declines to invoke the doctrine of primary jurisdiction. The doctrine does not mandate blind...

Korman Co. v. Cumberland Farms, Inc.

The court vacates a bankruptcy court decision that a bankrupt gasoline station satisfied its cleanup obligations and was due payment under a settlement agreement that provided for the lessor's buyout of the gasoline station's lease. The agreement stated that 75 percent of the payment would be releas...