Written by attorney Thierry Montoya, 11 months ago.
Arrowood appealed from a final judgment following a bench trial on stipulated facts and evidence. Arrowood issued a Commercial General Liability ("CGL") policy to Five Star, a general contractor working on a remediation project, effective July 1, 2002 to July 1, 2003. Travelers i...
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Written by attorney Thierry Montoya, 11 months ago.
The West Virginia Highlands Conservancy and West Virginia Rivers Coalition ("Conservancy") filed a citizen suit under 33 U.S.C. 1365, alleging that Randy Huffman, in his official capacity as the Secretary of the West Virginia Department of Environmental Protection ("WVDEP") had ...
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Written by attorney Thierry Montoya, 11 months ago.
Plaintiff EnergySolutions, LLC ("EnergySolutions") filed suit against Defendant Northwest Interstate Compact on Lower-Level Radioactive Waste Management ("Northwest Compact") on the grounds that the Northwest Compact had no statutory authority to deny permission of EnergySolution...
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Written by attorney Thierry Montoya, 11 months ago.
A group of 151 Livingston, Montana residents ("Private Plaintiffs") filed a state court action in September 2007.The Private Plaintiffs allege that property they own was contaminated by diesel fuel, solvents, and other toxic substances they allege originated from BNSF's Livingsto...
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Written by attorney Thierry Montoya, 11 months ago.
In 2007, the Tribe filed with the Commission a motion asking that interim environmental conditions be imposed in PacificCorp's annual licenses.Specifically, the Tribe requested that the Commission immediately impose the conditions with respect to ramping rates and minimum flows....
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Written by attorney Thierry Montoya, 11 months ago.
Arrow Gear Company and Precision (collectively "Arrow") appealed an order granting the defendants in Arrow's contribution action summary judgment based on res judicata. In 2008, Arrow and Precision brought separate lawsuits under CERCLA's section 113(b), seeking contribution agai...
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Written by attorney Thierry Montoya, 11 months ago.
After exhausting all administrative avenues for relief, Precon brought this action against the Corps challenging whether the Corps had demonstrated a significant nexus between wetlands Precon sought a permit for filling as part of its Chesapeake, Virginia development ("Property")...
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Written by attorney Thierry Montoya, 11 months ago.
Plaintiff is a mining association in Appalachia.It filed suit alleging that EPA and the Army Corps unlawfully changed the Clean Water Act section 404 permitting process by requiring compliance with the June 11, 2009 EnhancedCoordination Process Memoranda, and the April 1, 2010 De...
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Written by attorney Thierry Montoya, 11 months ago.
On Petition for Review of an EPA Final Order, the Association of Irritated Residents, Natural Resources Defense Council and other environmental groups (Association) challenged EPAs approval, in part, and disapproval, in part, revisions to Californias California Implementation Pla...
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Written by attorney Thierry Montoya, 11 months ago.
Appellants own the Service Station acquired from Shell (Service Station). Appellee Sol is foreign corporation that is authorized to do business in Puerto Rico. Sol is responsible for the USTs, pipelines and equipment at the Service Station. Appellants brought this RCRA action all...
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