Corps permit for landfill along nine miles of Hudson River for proposed expressway voided. Future permits enjoined. Army Corps of Engineers exceeded its authority under Rivers and Harbors Act and Transportation Act of 1966 by issuing permit for dike and causeway without prior approval of Congress an...

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A California appellate court held that the California Coastal Commission has appellate jurisdiction over a coastal development subdivision project. A county's approval of a "principal permitted use" development within a coastal zone is not appealable to the Commission. But when the development proje...

A district court held that an oil company cannot be held liable for punitive damages in a property owner's case against it for soil and groundwater contamination. The company operated oil and gas wells on the property, and it stored hazardous and toxic materials produced from the wells in an unlined...

A district court granted in part and denied in part motions to dismiss various individuals' personal injury claims stemming from their exposure to oil and dispersants following the Deepwater Horizon disaster. The individuals filed suit against oil drillers, cleanup responders, and a dispersant manuf...

A district court held that a property owner may go forward with its RCRA claims against a former tenant that stored toluene in a building on the site. The owner demolished all but the basement floor of the building. High concentrations of methane gas exist under the building due to degrading toluene...

The Seventh Circuit held that a landowner who sold a large parcel of floodplain property to a conservation group may not ask a local drainage district to indemnify him for damages he incurred in an underlying breach of warranty suit stemming from petroleum contamination on the property. The landowne...

The Third Circuit vacated a lower court decision dismissing, on grounds of abstention, environmental groups' RCRA and CWA citizens suit in which they sought an injunction requiring the current and prior owners of a contaminated site to remediate contaminated sediments in the Raritan River. The group...

The Ninth Circuit reversed a lower court decision invalidating the U.S. Forest Service's 2007 travel management plan for parts of the Lewis and Clark National Forest. Nothing in the Montana Wilderness Study Act of 1977, which requires the Service to manage a wilderness study area so as to "maintain"...

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid waste incineration units. EPA argued that the court lacked jurisdi...