The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause. The pollution exclusion clause excluded coverage for losses resulting from "pollutants," which the polic...
A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...
A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In order ...
A California appellate court held that a local board's environmental impact report (EIR) for the construction of a light rail line connecting downtown Los Angeles with Santa Monica complies with the California Environmental Quality Act (CEQA). A coalition of homeowners' associations, community g...
The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...
A California appellate court upheld a county board's adoption of a zoning ordinance pertaining to lot line adjustments. The ordinance continued the county's existing administrative practice of allowing lot line adjustments impacting four or fewer parcels to readjust lots included in a prior applicat...
A California appellate court affirmed a lower court decision denying agricultural water users' claim that an irrigation district violated the California Environmental Quality Act (CEQA) when it adopted regulations for the distribution of water in the event of an actual or potential water shortag...
A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency filed environmental cleanup suits against nine business entities...
A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...