This case arises from a proof of claim filed by J.C. Penney Life Insurance Company (“Penneyâ€�) against the receivership for Transit Casualty Company (“Transitâ€�) pursuant to a “Reinsurance Agreement.â€� The Cole County Circuit Court entered a judgment finding that the agreement between Penney‟s predecessor in interest, Beneficial Fire & Casualty Company (BF&C), and Transit is, in fact, a... More...   $0 (09-29-2009 - MO)

This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island.

In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site... More...   $0 (03-13-2009 - RI)

Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district court’s grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, “Sunâ€�). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at ... More...   $0 (11-19-2008 - OR)

Plaintiffs-Appellants F. Douglas Cannon, Allan Robert Cannon, and Margaret Louise Cannon (the “Cannonsâ€�) brought suit against the Defendants- Appellees claiming two violations of the Solid Waste Disposal Act and one violation of the Administrative Procedures Act. The district court dismissed the case for lack of subject matter jurisdiction pursuant to the jurisdiction-stripping provision at 42... More...   $0 (08-26-2008 - WY)

James River Insurance Company appeals the district court’s dismissal of its claim seeking a declaratory judgment that it is not obligated to provide a legal defense to Ground Down Engineering under the insurance policy Ground Down purchased from James River. James River also appeals the denial of its summary judgment motion. James River argues that the “pollution exclusionâ€� in the policy exc... More...   $0 (08-23-2008 - Fl)

¶1 BROWN, C.J. This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill’s operator, is still pending in the circuit court, and is not before us in this appeal. Rat... More...   $0 (08-12-2008 - WI)

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,... More...   $0 (07-22-2008 - ME)

[¶1.] Sioux Equipment installed a fuel storage and dispensing system on real property owned by Clark County (County). County and the State of South Dakota Petroleum Release Compensation Fund (PRCF) sued Sioux Equipment when the system leaked and released diesel fuel into the environment. Sioux Equipment moved for summary judgment on the ground that a ten-year statute of repose barred County’s a... More...   $0 (07-19-2008 - SD)

Plaintiffs Wilderness Workshop, High Country Citizens’ Alliance, Western Colorado Congress, Western Slope Environmental Resource Council, Center for Biological Diversity, and Board of County Commissioners for Pitkin County (Colorado) filed suit challenging a decision by defendants, the United States Bureau of Land Management (BLM) and the United States Forest Service (Forest Service), authorizin... More...   $0 (07-14-2008 - CO)

This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating c... More...   $0 (06-12-2008 - MA)

OSI, Inc. (OSI) appeals, for the second time, the grant of summary judgment in favor of the Government on OSI's claims relating to the Air Force's use of certain land–including, in part, land now owned by OSI–as a landfill during the 1960s, 1970s, and 1980s. OSI brought tort claims under the Federal Tort Claims Act (FTCA), claims of cost recovery under the Comprehensive Environmental Response... More...   $0 (05-05-2008 - AL)

Defendant-Appellant Fireman's Fund Insurance Company ("Fireman's Fund"), appeals from the order of the Circuit Court of the First Circuit ("circuit court") filed August 29, 2001, granting partial summary judgment in favor of Plaintiff-Appellee Del Monte Fresh Produce (Hawaii), Inc. ("Del Monte Fresh"), and denying Fireman's Fund's motions for summary judgment. (1) On appeal, Fireman's Fund pres... More...   $0 (12-29-2007 - HI)

This matter is before us on the order of the Supreme Court of the United States dated June 18, 2007, which granted the petition for a writ of certiorari filed by DuPont, vacated the judgment of this court, and remanded for further consideration in light of its opinion in United States v. Atlantic Research Corp., 551 U.S. , 127 S. Ct. 2331 (2007). In our earlier opinion, a majority of this ... More...   $0 (11-23-2007 - NJ)

Plaintiff Mueller Copper Tube Products, Inc. ("Mueller") appeals from a district court decision granting summary judgment in favor of Defendant Pennsylvania Manufacturers' Association Insurance Company ("PMA"). Plaintiff alleges, in this diversity suit brought under Pennsylvania law, that Defendant breached its contractual duties to defend Mueller and provide coverage under several insuranc... More...   $0 (11-16-2007 - TN)

The Department of Justice on behalf of the Environmental Protection Agency (EPA) announced that a proposed consent decree was lodged today with the United States District Court for the Northern District of Iowa in United States v. MidAmerican Energy Company and the City of Le Mars, Iowa. The proposed consent decree would resolve civil claims alleged in a complaint filed simultaneously with the ... More...   $4600000 (06-04-2007 - IA)

This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The district court granted summary judgment to Defendants General Electric (GE) and ACF Industries (ACF) because the AG "failed to raise genuine issues of material fact on the essential elements o... More...   $0 (11-03-2006 - NM)

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen... More...   $0 (09-06-2006 - KS)

A contribution claim under Washington's Model Toxics Control Act (MTCA) for recovery of cleanup costs against other potentially liable persons must be brought within three years 'from the date remedial action confirms cleanup standards are met.'1 While the Legislature broadly defines 'remedial action,' it did not define what action 'confirms' when cleanup standards are met. Pacific Sound... More...   $0 (01-07-2006 - WA)

Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history - the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide wheth... More...   $0 (12-04-2005 - MT)

This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board o... More...   $0 (09-08-2005 - CO)

Plaintiffs Jack Young, Debbie Young, Dayle James, and Barbara James purchased property, at a substantially reduced price, adjacent to a superfund site in Henryetta, Oklahoma. They subsequently discovered hazardous substances on their property, but did not take any action to contain or cleanup those substances. Instead, Plaintiffs sued the Federal Government and the City of Henryetta under t... More...   $0 (01-06-2005 - OK)

Plaintiff Central Illinois Light Company (CILCO) filed suit against its excess liability insurers for indemnification of funds expended to investigate and remediate environmental contamination at several sites that formerly housed manufactured gas plants (MGPs). Defendant insurers filed nine motions seeking summary judgment or partial summary judgment. The circuit court granted five of these mo... More...   $0 (12-02-2004 - IL)

Sierra Club, Inc. appeals from the district court's grant of summary judgment to the defendants, Seaboard Farms Inc., Seaboard Corporation, and Shawnee Funding Limited Partnership (together, "Seaboard"), who own and operate a pig-farming operation in western Oklahoma. This case turns on the meaning of the word "facility" as used in the Comprehensive Environmental Response, Compensation, and L... More...   $0 (10-28-2004 - OK)

Viacom, Inc., the corporate successor to Westinghouse Electric Corporation, appeals the judgment entered against it for damages and injunctive relief and the awards of attorneys' fees and prejudgment interest in this suit arising out of Westinghouse's environmental contamination of a site it once owned in Minneapolis. Kennedy Building Associates, the present owner of the contaminated prop... More...   $5225000 (07-21-2004 - MN)