Louisiana Generating, L.L.C. v. Illinois Union Insurance

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The EPA accused Louisiana Generating (“LaGen”) of violating the Clean Air Act. In an ensuing consent decree, LaGen promised to upgrade part of. its power plant, surrender emissions allowances, and fund various environmental projects. La-Gen asked its insurer, Illinois Union (“ILU”), to pay the costs of these measures, arguing that they qualified as “remediation costs” under LaGen’s policy. ILU refused. The district court entered summary judgment for LaGen, finding that the policy bound ILU to pay LaGen’s costs in full. We VACATE and REMAND.

I

We summarized…