Wednesday, October 22, 2014

Headwaters Resources v. Illinois Union Insurance Co.

Headwaters Resources v. Illinois Union Insurance Co. - 10/20/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-4035. Under several applicable policies, Headwaters sought reimbursement for its litigation costs arising from a case brought by landowners in Virginia, alleging that fly ash used in the construction of a golf course caused air and water pollution that devalued their homes and created health risks. The Panel ruled that each of the pollution exclusions is unambiguous, and affirmed the district court's grant of summary judgment in favor of the insurance companies.

WildEarth Guardians v. EPA

WildEarth Guardians v. EPA - 10/21/14. In the U.S. Court of Appeals, Tenth Circuit, Case Nos. 12-9596, 13-9502, 13-9506, 13-9507, 13-9508, 13-9509, 13-9510. Environmental groups filed the suit under the Clean Air Act challenging a regional cap and trade program in New Mexico, Utah, and Wyoming regulating sulfur-dioxide emissions over the Colorado Plateau. The Panel  concluded that the EPA's decision was neither arbitrary nor capricious and denied the petitions for review.