The Michigan Court of Appeals held that a class action case involving the Flint water crisis can proceed. Citizens of Flint formed a class and sued Michigan officials for their "deliberate" decision to expose them to toxic water from the Flint River. The citizens alleged that their due process right...

The First Circuit held that stormwater running off parking lots and other paved surfaces at Harvard, MIT, and other Boston-area universities will remain unregulated even though it may be polluting the Charles River and its tributaries. An environmental group sought to compel EPA to regulate the disc...

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under CERCLA from EPA for access to his property to install wells for th...

The Delaware Supreme Court held that an energy company's shareholders cannot proceed with their suit against the company's directors and officers over the costs of addressing a coal ash spill into North Carolina's Dan River. In 2014, a storm water pipe ruptured beneath a coal ash containment pond, r...

A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in sewers. A flushable wipes manufacturer sought to enjoin the implemen...

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA to r...

The Federal Circuit held that the state of California did not infringe on an emissions trading-related patent, allowing the state's greenhouse gas emissions cap-and-trade program to continue. The plaintiff owns a U.S. patent that covers a method and apparatus for using electronic systems to claim an...

The California Supreme Court held that the charges a California city must pay to a local water district for groundwater conservation activities do not require voter or property owner approval. By statute, charges for pumping groundwater for nonagricultural uses generally must be at least three times...

The Ninth Circuit upheld a lower court's dismissal of a tribe's NEPA challenge to a DOI guidance that did not consider its interest when allocating the water rights of the Colorado River. The tribe contended that it was unlawfully excluded from DOI 2001 and 2008 guidances that outlined how water is ...

A district court held that an insurance company cannot back out of an insurance policy because a policyholder entered into a voluntary environmental cleanup agreement. The policyholder agreed to sell its land and allowed the buyer to do an environmental assessment. When contamination was discovered,...