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Shell Oil Co. v. United States

The Court of Federal Claims held that the U.S. government need not reimburse oil companies for costs they incurred cleaning up contamination stemming from the production of aviation fuel during World War II. During the 1940s, at the urging of the U.S. government, the companies entered into contracts...

Indian Harbor Insurance Co. v. United States

The Federal Circuit reversed and remanded a lower court decision dismissing an insurance company's reimbursement action under the National Defense Authorization Act for cleanup costs associated with the development of property formerly used as a military base. The lower court determined that the com...

Boston Gas Co. v. Century Indemnity Co.

The First Circuit, in a case involving an insurance company's obligations to its insured for damages stemming from contamination at a former manufactured gas plant, upheld a lower court decision allocating damages evenly across the 121-year span from the time of plant operations to trial, thereby re...

Alaska Survival v. Surface Transportation Board

The Ninth Circuit denied a petition challenging the Surface Transportation Board's (STB's) decision to grant an exemption and authorize a railroad company to build railroad line extension between Port MacKenzie and Wasilla, Alaska. The proposed rail line will pass through the waters and wetlands of ...

Honeywell International, Inc. v. Environmental Protection Agency

The D.C. Circuit denied a company's petition for review challenging certain 2008 transfers made by competitor companies under the cap-and-trade program forhydrochlorofluorocarbons (HCFCs). The transfers permanently increased the competitors' future baseline allowances of HCFC-22. Because the cap-and...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit vacated and remanded portions of an EPA rule establishing regulations for particulate matter less than 2.5 micrometers (PM2.5) under CAA §166. The rule established significant impact levels (SILs) and a significant monitoring concentration (SMC) for PM2.5, screening tools EPA uses ...