The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...
The court, applying Colorado law, reverses a district court decision holding that the pollution exclusion clause in one of two insurance policies held by a Colorado sanitation district precluded an insurer from having to defend the district against a Clean Water Act citizen suit arising from the dis...
The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by the Central Interstate Low-Level Radioactive Waste Commission. ...
The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...
The court, interpreting Texas law, holds that exposure to asbestos is the event that triggers an insurer's duty to defend in asbestos personal injury cases under a uniform comprehensive general liability policy and, therefore, reverses a district court decision holding that an insurer need not defen...
The court upheld in part and vacated in part U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) regulations, known collectively as the Land Disposal Restrictions (LDR) Phase IV rule, addressing residual or secondary materials generated in mining and mineral proc...
The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of several Montana water quality standards. The court first holds that the environmental organizations challenging EPA's approval have standing. The organizations' members established that they have suffered an injury-in-f...
The court affirms a trial court's holdings regarding insurance coverage for an aluminurn producing company for environmental damage under comprehensive general liability (CGL) policies and for property damage under differences in conditions (DIC) policies, but reverses the court's treatment of the i...
The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act. The court first holds that EPA did not clearly err in interpr...
The court holds that the New Jersey Sewerage Authorities Law does not authorize a regional sewerage authority to charge a user already in the system an additional connection fee for increasing its wastewater flow. The user will pay an increased service charge based on the additional daily gallonage ...