A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

The Court of Federal Claims held that nuclear utilities were entitled to almost $57 million in mitigation expenses related to DOE’s failure to accept nuclear waste by the date set forth in the contract between the utilities and DOE. In their suit, the utilities sought, among other things, cost...

The Ninth Circuit affirmed a lower court’s grant of summary judgment in favor of an insurance company in an action under CERCLA and the California Hazardous Substance Account Act to recover response costs and other damages related to the cleanup of contamination. Appellants, who had inherited ...

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

Applying state law, the Seventh Circuit reversed a lower court decision to hold that a sewerage district was not entitled to reformation of an environmental liability insurance policy to include a certain parcel of real property. Based on all of the evidence in the record, the lower court’s fi...

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...

The Maine Supreme Court upheld the Board of Environmental Protection's decision to affirm the issuance of permits to a company to construct a wind energy generation facility. A citizen group challenged the Board’s findings on the grounds that the company did not meet applicable licensing crite...

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...

A California appellate court affirmed a lower court decision that denied plaintiff’s petition for a writ of mandate directing a city to set aside its approval of a revised site plan for a commercial retail shopping center project. The petition claimed that the city violated the California Envi...

The Seventh Circuit affirmed a lower court’s grant of summary judgment in favor of insurers in a breach of contract action related to the insurers’ refusal to defend a gas station in a class action filed against it for allegedly contaminating groundwater in a residential neighborhood. Ap...