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Preisler v. Kuettel's Septic Service, LLC

A Wisconsin appellate court held that insurance companies have no duty to defend a septic pumping service in an underlying case concerning well water contamination. Dairy farmers filed suit against the service for alleged well water contamination. The pumping service sought coverage from its insured...

In re Methyl Tertiary Butyl Ether

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline ...

Florida Wildlife Federation v. McCarthy

A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria, but for some waters, the criteria are not numeric. EPA then sought to modify the consent decree so that t...

United States v. Tuma

The Fifth Circuit upheld the conviction and sentencing of the former owner of a wastewater treatment facility who allowed the disposal of untreated wastewater into U.S. waters without a permit. The former owner argued that the lower court erred in excluding evidence about the lack of environmental h...

Fox v. Elk Run Coal Co.

The Fourth Circuit affirmed a lower court decision dismissing a widow's claim that a coal company committed fraud on the court and thereby deprived her husband, a coal miner, of nearly a decade of benefits under the Black Lung Benefits Act (BLBA). Because the coal company had admitted liability for ...

Sierra Club v. BNSF Railway Co.

A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways. At issue was whether coal dust from rail cars that falls onto land, rather than directly into the waters, of...

Ohio Valley Environmental Coalition v. FOLA Coal

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability because selenium was not a pollutant whose discharge was limited u...