The Indiana Supreme Court held that an agreed order for environmental cleanup between a manufacturing company and the Indiana Department of Environmental Management (IDEM) is an agency action governed by the Indiana Administrative Orders and Procedures Act, not a contract that will support a claim f...

A California appellate court held that the owner of a contaminated site may not intervene in an action between the prior owner and its insurer over coverage for the contamination. California law generally prohibits third parties from suing an insurer when they are not in contractual privity, and the...

A California appellate court held that a lower court properly applied the responsible corporate officer doctrine to hold the corporate officers of an entity that owned an underground storage tank personally liable for violations of the state's tank laws governing the underground storage of hazardous...

A California appellate court held that the state's Office of Environmental Health Hazard Assessment (OEHHA) did not abuse its discretion in listing di-isodecyl phthalate (DIDP) as a chemical known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act, commonly known ...

A California appellate court held that the resident of an apartment complex that failed to limit secondhand smoke in outdoor common areas sufficiently pled a cause of action for public nuisance. The complex, by failing to act, created a condition that was harmful to health or obstructed the free use...

A California appellate court affirmed in part and reversed in part a lower court's grant of summary judgment in favor of an automobile manufacturer that was sued for breach of warranty and deceptive advertising with regard to a hybrid vehicle's fuel efficiency. An individual who purchased the manufa...

A California appellate court held that a trial court erred by limiting the state's insurance coverage for cleanup costs at the Stringfellow hazardous waste site to the policy limits in effect for any one policy period. In California, when there is a continuous loss spanning multiple policy periods, ...

A California appellate court upheld the constitutionality of California Fish and Game Code §8279.1(c), which regulates Dungeness crab fishing. The section states that if the crab season in Oregon or Washington is delayed, no one may fish for crab in Oregon or Washington for 30 days after the se...

A California appellate court reversed a lower court's grant of summary judgment in favor of a county that was sued by a school district for environmental problems and remediation costs incurred on district property due to ongoing effects of an inactive county landfill. The lower court concluded that...

A district court dismissed a county's lawsuit against a railroad company for allowing its locomotive engines to idle in violation of state air pollution law. This case involves railcars, the fumes they emit, and the tracks they use. Accordingly, its falls under the umbrella of federal regulatory aut...