The court holds that a district court erred in concluding that a Federal Tort Claims Act (FTCA) suit by a water district against the United States for contamination of a well by a military laundry is barred by the FTCA's two-year statute of limitations. Applying California law, the court holds that ...

The court holds that insurance companies have a duty to defend an insured chemical company under its comprehensive general liability (CGL) policies against claims by the U.S. Environmental Protection Agency (EPA) for response costs and natural resource damages under the Comprehensive Environmental R...

The court rules that a corporate officer is personally liable for violations of Wisconsin's solid and hazardous waste laws if the officer is responsible for the overall operation of the corporation's facility where the violations occurred. The court holds that the corporate officer was an operator w...

The court holds that a Louisiana statute allowing direct appeal of decisions of the state Department of Environmental Quality to the state court of appeal, bypassing the state district courts, is unconstitutional, and the public rights doctrine has no application under the Louisiana Constitution. Th...

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements for the project's pipeline to cross land at a FERC-licensed hydr...

The court holds that the district court erred in holding that environmental groups lack standing in their Federal Water Pollution Control Act citizen suit challenging the Department of Energy's (DOE's) proposed reopening of a nuclear reactor at the Savannah River site in South Carolina. The reactor ...

The court holds that comprehensive general liability insurance policies purchased for three wood preserving treatment plants require the insurers to defend and indemnify the plants' owner against claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) arising ...

The court holds that a pollution exclusion clause in a comprehensive general liability insurance policy does not bar an insured county's right to indemnification of amounts that it must pay in lawsuits resulting from pollution from a landfill. The clause provided that the insurer was not obligated t...

The court holds that a state-imposed public easement over private beachfront property is not a compensable taking, and the risk that some property would be lost to the sea was assumed at purchase. After hurricane Alicia in 1983 and the storm tides in 1988, the private beach properties were left part...

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...