A district court held that personal injury provisions contained in an insurance policy require the insurer to indemnify a mining company for any monetary liability arising from its contamination of land and water on and adjacent to a uranium mining site on the Spokane Indian Reservation in e...

The Wyoming Supreme Court upheld a state-issued air quality permit authorizing a power plant's construction of a proposed coal-to-liquid facility and an associated underground coal mine. The court rejected an environmental group's claims that the permit fails to consider significant sulfur d...

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case. Adkins, however, was premised...

A New York appellate court held that a property owner who had no knowledge of a UST on his property when he purchased it and did nothing to contribute to the contamination is nevertheless strictly liable as a discharger and not entitled to reimbursement from the New York Environmental Protec...

A district court held that residents' state law tort claims against the former owners of an industrial site should not be dismissed under the "primary jurisdiction" doctrine. The residents filed suit against the former owners for allegedly contaminating their property and persons with toxic,...

A district court held that an aerospace and technology company is not entitled to insurance coverage by "operation of law" for certain environmental liabilities under CERCLA on policies issued by an insurance company to the prior owner of the contaminated site at issue. The company's operati...

A district court dismissed a CERCLA §107 claim brought by a group of real estate developers who purchased contaminated property from a manufacturing company in 1986. Prior to purchasing the property, the group hired an environmental consultant who performed a cursory environmental audit. Th...

The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose permit requirements for cutting trees on protected wetlands, are not preempted by the Federal Aviatio...

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...

A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA. Although the state agency that ad...