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Amador, County of v. El Dorado County Water Agency

The court holds that a county water agency that certified that its environmental impact report (EIR) for a proposed water project calling for increased water use from mountain lakes complied with the California Environmental Quality Act (CEQA) and a county irrigation district that exempted its propo...

Maska U.S., Inc. v. Kansa Gen. Ins. Co.

The court reverses a district court decision and holds that, under Vermont law, an insurance policy's pollution exclusion precludes the insurer's duty to indemnify a clothing manufacturer for liability and defense costs incurred in response to claims arising from contamination at the manufacturer's ...

Inland Foundry Co. v. Spokane County Air Pollution Control Auth.

The court affirms a trial court decision and holds that a company cannot challenge an air pollution authority's regulatory classification before a pollution control hearing board. After the air pollution authority imposed a $182 registration fee on the company, the company appealed to the pollution ...

Meridian Mut. Ins. Co. v. Kellman

The court affirms a district court holding that a total pollution exclusion clause does not exempt an insurer from defending a painting company for an individual's personal injuries caused by exposure to toxic chemicals that were used by the painting company in the course of its business. The insura...

Red Arrow Prods. Co. v. Employers Ins. of Wausau

The court holds that an insurer need not indemnify or defend a food flavoring company under insurance policies issued to the company's predecessor for claims arising out of the company's liability at a national priorities list site. The court first declines the company's request to utilize the fairl...

Northern States Power Co. v. National Gas Co.

The court upholds a contract between a gasoline corporation and the owner of a mobile home park in Shelby, Wisconsin, that requires the residents of the park to purchase their propane and natural gas from the corporation at its customary rates. A public utility filed suit against the corporation, cl...

Parks Hiway Enters., L.L.C. v. CEM Leasing, Inc.

The court holds that a gasoline distributor is not liable for groundwater contamination caused by a service station's leaking underground storage tanks (USTs). The owner of property adjacent to the service station filed suit against the distributor after settling with the service station for groundw...

Banning v. State Dep't of Fish & Wildlife

The court holds that property owners who built unpermitted structures on a county's right-of-way so that they could access adjacent tidelands did not hold property rights in the structures and could not seek compensation under the state constitution, the U.S. Constitution, or state limited access fa...

U & I Sanitation v. Columbus, City of

The court holds that a city ordinance requiring all garbage collected within city limits, except garbage destined for out-of-state disposal, to be processed at the city-owned transfer station violates the dormant U.S. Commerce Clause. A waste hauler discovered it could dispose of waste more economic...

Bragg v. Robertson

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized under the Surface Mining Control and Reclamation Act (SMCRA). The g...