The court holds that a non-cumulation clause in a manufacturer's insurance policy applied to its claims resulting from environmental property damage. The U.S. Environmental Protection Agency and potentially responsible parties at a waste site sued the manufacturer for damages related to the transpor...

The court holds that an Arizona district court erred in determining that it lacked jurisdiction to hear a quiet title action concerning land along the Colorado River and in fixing title to the land on the basis of river movements that occurred prior to 1905 when the United States patented the disput...

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...

The court holds that the sudden and accidental exception to the pollution exclusion clause contained in a manufacturing company's comprehensive general liability policies bars coverage for trichloroethylene contamination at its facilities. The company argued that the sudden and accidental exception ...

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...

The court affirms in part and reverses in part an appellate court decision holding that the Washington Department of Labor and Industries violated a statutory duty to promulgate a rule requiring mandatory blood testing for agricultural pesticide handlers. A group of agricultural pesticide handlers c...

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) in its approval of a timber salvage project in the Manti-La Sal Forest in Utah, but that the court did not have jurisdiction to review National Environmental Policy Act (NEPA) claims brought against the F...

The court holds that the U.S. Forest Service's environmental impact statement (EIS) for a post-fire logging project on the Six Rivers National Forest violated the National Environmental Policy Act and the National Forest Management Act (NFMA) and, therefore, enjoins the Forest Service from any furth...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds that the Federal Aviation Administration (FAA) failed to adequately consider the cumulative impacts on the natural quiet of Zion National Park in its environmental assessment (EA) for a nearby airport expansion project. The court first holds that the FAA's EA failed to address the to...