Insurance coverage for environmental liability: is an administrative proceeding a "suit"?

Article Abstract:

The disagreement among federal courts on administrative claims triggering an environmental liability insurer's duty to defend is discussed. Some courts have ruled that the duty to defend under a traditional liability policy is triggered only by traditional litigation, while others have included administrative proceedings. Because interpretation of insurance policies is a matter of state law, this difference is likely to persist.

Analysis, Duty to defend (Insurance law), Liability for environmental damages

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Liability standards for CERCLA contribution suits: joint or several liability?

Article Abstract:

The author discusses a decision the US Seventh Circuit Court of Appeals which held that the Comprehensive Environmental Response, Compensation, and Liability Act allows joint liability for cleanup costs against defendants in contribution suits.

Cases, Toxic torts

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Regulation of wetlands: "sidecasting" and "incidental fallback" under the CWA

Article Abstract:

The author examines the decisions in United States v. Deaton and American Mining Congress v. Army Corps of Engineers regarding whether sidecasting was subject to environmental permit requirements under the Clean Water Act.

Wetland conservation, Environmental permits

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