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American Forest Resource Council v. Caswell

A district court ruled that BLM, which entered into a settlement agreement concerning its management of federal forests in the northwestern United States, did not violate that agreement by promulgating a revised resource management plan without initiating consultation with FWS or NOAA about the plan...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an action pending before the North Carolina Office of Administrative...

Godoy v. E.I. du Pont de Nemours & Co.

The Wisconsin Supreme Court affirmed a lower court decision dismissing an individual's defective design claims against manufacturers of white lead carbonate pigment, a substance once used commonly in household paint. A claim for defective design cannot be maintained where, as here, the presence of l...

Employers Ins. of Wausau v. Neal Feay Co.

A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the company's metal anodizing facility. The insurance policy excluded co...

Habitat Trust for Wildlife v. Rancho Cucamonga, City of

A California appellate court upheld a lower court decision denying an environmental group's petition seeking to force a city to set aside a resolution determining that the group is not a qualified conservation entity, thereby preventing the group from receiving mitigation lands under the California ...

Anderson v. Badger, Town of

The Supreme Court of South Dakota held that a town had the power to waive the distance requirements set forth in a county ordinance regulating the location of concentrated animal feeding operations (CAFOs). Several residents filed suit challenging the town's power to execute such a waiver. They argu...

Oklahoma v. Tyson Foods, Inc.

A district court dismissed Oklahoma's claims for monetary damages against poultry companies for injury caused to the Illinois River watershed stemming from the their storage and disposal of poultry waste. The state failed to join the Cherokee Nation as a required party. The Cherokee Nation possesses...

Cobell v. Salazar

The D.C. Circuit held that DOI, which breached its fiduciary duties to Individual Indian Money trust account beneficiaries, must conduct an accurate accounting of those funds. The district court correctly held that the DOI breached its duty and that the American Indian Trust Fund Management Reform A...

Public Citizen v. NRC

The Ninth Circuit denied a petition for review of the NRC's refusal to include the threat of air attacks in its revised "design basis threat" rule, initially promulgated to protect nuclear power reactors from industrial sabotage. In March 2007, NRC revised the rule to increase the range of threats i...

WildEarth Guardians v. U.S. Forest Serv.

The Tenth Circuit held that the owner of an underground coal mine may intervene in an environmental group's NEPA action concerning the U.S. Forest Service's approval of venting of methane gas from a mine. The lower court denied the motion, finding that the owner failed to show either that the govern...