The court holds that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend the insureds in an easement dispute. The dispute arose after the insureds graded an access road on their property that allegedly interfered with their ...

The court upholds the decision of the state Fund Insurance Review Board that an underground storage tank (UST) installer is ineligible for reimbursement from the state's Ground Water Oil Clean-Up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because t...

The court holds that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River in New Hampshire because the contamination caused by the operator was not accidental as required by its insurance policies...

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the cumulative ...

The court holds that a building owner failed to prove that a neighboring service station was negligent in performing environmental remediation and, thus, reverses and vacates a district court's judgment in favor of the building owner. The station performed the remediation pursuant to its corrective ...

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

The court holds that the Federal Aid in Sport Fish Recreation Act and its regulations do not create a federal right of equal access for boats with common horsepower ratings and, therefore, a Florida city ordinance prohibiting the operation of airboats on the city's lakes does not violate such a righ...

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

The court holds that a trailer park owner is liable under New York Navigation Law Article 12 (known as the Oil Spill Act) for the cost of cleaning up a kerosene spill from a 275-gallon tank owned and maintained by a tenant of the trailer park. After the tank fell on the ground in 1992, it spilled ke...

The court holds that two officers of a corporation are personally liable under the Connecticut Water Pollution Control Act for water contamination caused by leaks from oil tanks on the corporation's property. The court first holds that under Connecticut Water Pollution Control Act §§22a-432, which...