The Nevada Supreme Court reversed and remanded a lower court decision that held that the Nevada State Engineer did not violate his statutory duty by failing to rule on the water appropriation applications of a regional water authority within one year of the protest period closing. At the time the ap...
The Ninth Circuit affirmed a lower court’s decision to dismiss environmental groups’ action against the National Park Service (NPS) on the grounds that NPS did not act arbitrarily and capriciously under the APA by adopting a management plan that permitted the continued use of motorized raft and ...
A district court granted defendants’ motion for summary judgment to dismiss personal injury plaintiffs' claim for intentional infliction of emotional distress relating to the improper disposal of hazardous waste. Relying on prior caselaw, the court held that a plaintiff asserting a claim for inten...
A district court denied a property seller’s motion for judgment on the pleadings, finding that the sale agreement between the seller and buyer did not bar statutory claims asserted by the buyer under CERCLA, RCRA, and the Pennsylvania Hazardous Sites Cleanup Act. The court held that, although ...
The Idaho Supreme Court affirmed a lower court decision that a county ordinance, which included provisions regulating water quality at confined animal feeding operations (CAFOs), was valid. Plaintiffs, associations of cattlemen and dairymen, argued that the ordinance was invalid because (1) it was i...
The South Carolina Supreme Court reversed an administrative law court (ALC) decision to find that the South Carolina Department of Health and Environmental Control (DHEC) properly exercised its authority under the CZMA in denying a stormwater permit for a developer to fill in isolated freshwater wet...
The Eight Circuit affirmed a lower court decision that granted a project developer’s motion to dismiss subordinate bondholders’ claims for breach of contract and equitable accounting, as well as for unjust enrichment, negligence, and fraudulent misrepresentation based on alleged represen...
The California Supreme Court reversed a lower court decision to hold that an environmental group’s mandamus petition, which challenged a county’s approval of an agreement between the county and a university relating to the alignment of certain trails, was time barred under the California...
New York’s highest court affirmed a lower court decision that denied petitioners, who own and operate a hydroelectric dam, a CPLR article 78 petition in the nature of prohibition to prevent the New York State Department of Environmental Conservation (DEC) from bringing an administrative enforc...
New York’s highest court affirmed a lower court decision that denied petitioners, who own and operate a hydroelectric dam, a CPLR article 78 petition in the nature of prohibition to prevent the New York State Department of Environmental Conservation (DEC) from bringing an administrative enforc...