The court, on petition for rehearing, replaces its opinion at 21 ELR 20913, and holds that under Arkansas law, cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not "damages" under a comprehensive general liability (CGL) insurance policy. Afte...

The court holds that under Arkansas law, the phrase "as damages" in the insuring clause of a standard form comprehensive general liability policy does not cover cleanup costs incurred pursuant to a consent decree between the insured and the U.S. Environmental Protection Agency (EPA). The court revie...

The court holds that the district court improperly ruled on summary judgment that two Ohio statutes regulating the import of solid waste generated in other states for disposal in Ohio violates the Commerce Clause of the U.S. Constitution. The statutes establish higher fees for wastes generated outsi...

The court holds that the Army Corps of Engineers' denial of landowners' Federal Water Pollution Control Act §404 permit application to develop property containing wetlands constitutes a Fifth Amendment taking entitling the landowners to just compensation. The landowners' property included 12 acres ...

The court vacates a district court's refusal to grant attorney fees to an environmental organization that prevailed in an action to enjoin the U.S. Army Corps of Engineers from completing a dam pending supplementation of an environmental impact statement for the project. The district court held that...

The Court holds that a Michigan law requiring private landfill operators to limit their business to accepting wastes only from the counties in which their facilities are located violates the Commerce Clause of the U.S. Constitution. A landfill operator who was denied authority to accept out-of-state...

The court holds that a local ordinance imposing geographic restrictions on the sources of waste for a regional medical waste incinerator does not violate the Commerce Clause of the U.S. Constitution. A commercial enterprise obtained authorization to construct a medical waste incinerator, and after c...

The court holds that a computer circuit manufacturer is entitled to reimbursement under its comprehensive general liability insurance policy of expenses incurred pursuant to a government consent decree requiring it to clean up toxic waste contamination at a former manufacturing facility. The court f...

The court holds that two insurance companies have no duty to defend or indemnify a company that served as the intermediary for the disposal of dioxin-contaminated waste against personal injury and property damage claims allegedly arising from contamination at Missouri sites where the waste was spray...

The court, on reargument of summary judgment motions necessitated by intervening Michigan Supreme Court decisions, holds that insurers of a beer manufacturer are not required to provide the manufacturer with coverage under its comprehensive general liability (CGL) insurance policies containing pollu...