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Cincinnati Insurance Co. v. Roy's Plumbing, Inc.
The Second Circuit, in a summary order, affirmed a lower court decision that an insurance company has no duty to defend a plumbing company in an underlying state suit related to chemical contamination at Love Canal near Niagara Falls, New York. The allegations in the state action fall within the ins...
NRDC v. EPA
The Ninth Circuit vacated EPA's conditional registration of a pesticide because the Agency failed to support its requisite finding that registration was in the public interest. A pesticide manufacturer applied to register a pesticide that uses nanosilver as its active ingredient. EPA conditionally r...
A Practitioner's Guide to the Toxic Substances Control Act: Part I
Editors' Summary: TSCA provides EPA with broad authority to address potential hazards posed by the manufacture, processing, distribution in commerce, use, and disposal of chemical substances and mixtures. In this first of a three-part series, the authors begin a detailed examination of the statute and regulatory program. They review the origins, objectives, and key components of TSCA, and then analyze TSCA's scope -- focusing particularly on definitional issues and exclusions.
California v. Golden Gate Petroleum Co.
A California court found that three gas station operators failed to comply with requirements for monitoring and maintaining underground storage tanks. During several inspections the defendants were told of their violations concerning the tanks, which included tampering with leak-detection systems an...
Aruba Petroleum, Inc. v. Parr
The Fifth Circuit overturned a $3 million jury award for a nuisance claim against a petroleum company in which a family claimed natural gas extraction caused contamination of their property. The family alleged that the petroleum company's spills, releases, emissions, and discharges of air pollution ...
Thomas v. Exxon Mobil Corp.
A district court refused to remand to state court a case where a plaintiff alleged that exposure to two petroleum companies' benzene-containing products caused him to develop cancer, finding that a party was fraudulently joined to prevent removal. The plaintiff originally sued the petroleum companie...
Anderson v. McCarthy
A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The plaintiffs argued that the practice of coating seeds with neonicotino...
Syngenta Seeds, Inc. v. County of Kauai
The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...