Governance

A Georgia court vacated a state air pollution permit allowing an energy company to construct and operate a 1,200 megawatt coal-fired power plant. Because there was no effort to identify, evaluate…

The Ninth Circuit held that Native American tribes lacked standing to enforce a consent decree entered into by a mining company and the federal government for Resource Conservation and Recovery…

The Fifth Circuit upheld a lower court order giving an aluminum company more time to build a power plant than originally agreed to in a consent decree that resolved alleged Clean Air Act…

A California appellate court upheld the dismissal of a landowner's claims that an airport land use compatibility plan for the Travis Air Force Base is not consistent with an Air Force installation…

The Indiana Supreme Court held that landowners who incurred costs remediating contamination from leaking underground storage tanks may go forward with their state-law contribution claim against…

An Illinois appellate court reinstated a $120 million jury verdict awarded in favor of residents who filed a nuisance class action suit against the owner of a nearby oil refinery. After the entry…

The Alaska Supreme Court held that gasoline leaked from the broken fill pipe of an underground storage tank (UST) is a "pollutant" under the absolute pollution exclusion contained in the tank…

A district court held that under Oregon law, a pollution exclusion clause bars coverage for unintended water contamination stemming from a company's intentional discharge of thorium into a city…

A New York court held that the state environmental agency arbitrarily and capriciously denied a developer's application to include in the state brownfield cleanup program certain parcels of…

The First Circuit certified to the Massachusetts Supreme Court questions concerning the allocation of liability in a dispute over the extent of insurance coverage owed for a gas company's strict…