The court holds that leakage of drums containing hazardous wastes is an "occurrence" under a general liability insurance policy, and the insurance company has a duty to defend a chemical solvent recycling company in an action under the Comprehensive Emergency Response, Compensation, and Liability Ac...
The court rules that §112 of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA), which provides for a three-year statute of limitations from the later of the date of "discovery of loss" or December 11, 1980, for presentation of a claim or action for damages, does not...
The court holds that the Occupational Health and Safety Act (OSH Act) preempts the New Jersey Right-to-Know Act as applied to the identification and disclosure of workplace hazardous substances in the manufacturing sector, but does not preempt the state Act's provisions for regulation of employers o...
The court holds that defendants' issuance of an oil and gas lease and approval of an application for a permit to drill a test well in the Shoshone National Forest complied with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The court initially denies plaintiffs' m...
The court holds that plaintiffs may claim attorney fees from the state of New York under the bad-faith exception to the American rule and from the federal defendants under the Equal Access to Justice Act (EAJA). The court first holds that the state is not immune from fee awards. The Eleventh Amendme...
The court holds that the Toxic Substances Control Act (TSCA) preempts a local ordinance designed to prohibit plaintiff's polychlorinated biphenol (PCB) treatment, storage, and disposal within the St. James Parish.
The court first holds the district court had jurisdiction under the federal question ...
The court holds that the National Environmental Policy Act (NEPA) requires the National Park Service (NPS) to prepare environmental assessments (EAs) and environmental impact statements (EISs) on the impacts of mining in national parks in Alaska. The court first concludes that joinder of all miners ...
In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that defendant's own records are sufficient to support summary judgment for liability for violations of expired discharge permits. The court first holds that the failure of one plaintiff to give the defendant 60 days' not...
The court rules that an owner of coal reserves must pay reclamation fees mandated by the Surface Mining Control and Reclamation Act for mine operators, even though it does no mining itself, since it contracts with other firms for the mining of the coal, establishes the mining plan, and buys all the ...
The court holds that EPA's approval under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the coyote predacide Compound 1080 for restricted uses in livestock toxic collars and single lethal does taits (SLDs) is supported by substantial new evidence that these uses are safe and eff...