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PCS Phosphate Co. v. American Home Assurance Co.
A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the site for repair, during which PCBs were released. The company was ...
Asarco, LLC v. Atlantic Richfield Co.
The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...
Public Employees for Environmental Responsibility v. United States Fish & Wildlife Service
A district court held that FWS violated NEPA when it reissued two orders authorizing the killing of double-crested cormorants in certain states. FWS issued an EA and FONSI for the orders rather than an EIS. But the EA is insufficient to justify FWS' FONSI because FWS did not take the requisite “ha...
Pacific Coast Federation of Fishermen's Ass'ns v. United States Department of Interior
The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision dismissing fishermen's NEPA claims against the Bureau of Reclamation in connection with its approval of eight interim two-year contracts for delivery of water from the Central Valley Project to...