The court holds that the Interstate Commerce Commission (ICC) did not violate the §102 of the National Environmental Policy Act (NEPA) or the ICC's implementing regulations when it granted a railroad company's request to waive the preparation of an environmental impact statement for the constructio...

The court holds that under Delaware law, pollution exclusion clauses in comprehensive general liability insurance policies that two insurance companies issued for a county landfill bar coverage for liability arising from contamination at the landfill. The court first holds that the discharges of con...

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA) compliance plans, violates the Commerce Clause of the U.S. Constitution....

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and analysis of environmental conditions at the base. The court first not...

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from their nine wells in excess of their permitted allocation, until the district issued an additional allocat...

The court holds that the pollution exclusion clause in a manufacturing company's insurance policy bars coverage for costs of cleaning up environmental damage at the Newport landfill in Kentucky. The court first holds that the district court did not err in deciding not to certify to the Kentucky Supr...

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

The court holds that of a water service contract between the U.S. Bureau of Reclamation and a private California water district does not obligate the Bureau to deliver the full contractual amount of Central Valley Project (CVP) water to the district when the Bureau cannot deliver that water consiste...

The court holds that the U.S. Army Corps of Engineers (the Corps) failed to comply with a prior court order directing it to prepare a second environmental impact statement supplement (EISS-2) addressing the cumulative environmental impacts of Elk Creek Dam and two other dams in the Rouge River Basin...

The court holds that the Farmers Home Administration's (FmHA's) finding of no significant impact (FONSI) under the National Environmental Policy Act (NEPA) for a project to construct a dam and water treatment plant to provide a long-term supply of water to a city is not arbitrary and capricious. The...