In a decision designated not for publication, the court holds that an insurer has no duty to indemnify or defend its insureds for hazardous waste cleanup costs. The court holds that under Tennessee law, the pollution exclusion clause is unambiguous and excludes hazardous waste cleanup costs and liti...
The court holds that an environmental organization has standing to challenge the Bureau of Land Management's (BLM's) decision to lift protective restrictions on 180 million acres of public land. The National Wildlife Federation (NWF) challenged BLM's implementation of its land withdrawal review prog...
The Supreme Court rules that states may be sued for money damages under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107, and that this is a proper exercise of congressional authority under the Constitution's Commerce Clause. Five separate opinions were filed in t...
The court denies an environmental group's motion to amend their complaint in a Clean Air Act (CAA) challenge to a Brooklyn development project to add three claims and the Department of Commerce as a defendant. The court first holds that the U.S. Environmental Protection Agency's (EPA's) duty under C...
The court dismisses a complaint against the Department of Housing and Urban Development (HUD) alleging a violation of Clean Air Act (CAA) §176(c) for failing to monitor the compliance of a Brooklyn development project tentatively approved for HUD funding. An earlier decision held that HUD's prelimi...
The court holds that pesticide manufacturers may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) for hazardous substance contamination resulting from releases occurring during the pesticide formu...
The court holds that the Environmental Protection Agency's (EPA's) 1980 deferral of rulemaking addressing regional haze in national parks was final agency action under Clean Air Act (CAA) §307 reviewable only in the D.C. Circuit, and thus the district court lacked subject matter jurisdiction over a...
The court holds that a petroleum industry trade organization is not entitled to a preliminary injunction to halt implementation of New York's motor vehicle fuel volatility rule even though it is likely to succeed on the merits of its claim that Clean Air Act §211 preempts the state rule. After the ...
The court holds that the district court's application of the knowing endangerment provision of the Resource Conservation and Recovery Act (RCRA) in the criminal trial of the operator of a drum recycling facility was not unconstitutionally vague. RCRA §3008(e) provides that any person who knowingly ...
The court holds that the Environmental Protection Agency's (EPA's) notification that an insured is a potentially responsible party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not trigger an insurer's duty to defend. The policies at issue state ...