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State ex rel. Yost v. Volkswagen Aktiengesellschaft

The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests. Ohio sued the company, arguing its post-sale tampering with emissions control systems violated the state’s Air Pollution Control Act (APCA). The company mo...

WildEarth Guardians v. Steele

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' decisions concerning a revised forest plan for the Flathead National Forest. The groups argued the Services' decisions violated the ESA and NEPA. The ...

General III, LLC v. Chicago, City of

A district court dismissed a lawsuit concerning the city of Chicago’s delay in issuing an operating permit for a recycling facility in the city’s Southeast Side neighborhood. The company argued its constitutional rights were being violated as a result of the city’s delay of the permit review p...

Vote Solar v. Farmington, City of

The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district c...

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant into groundwater that in turn entered the Middle Fork of the Verm...

PennEast Pipeline Co., LLC v. New Jersey

The U.S. Supreme Court held, 5-4, that the Natural Gas Act (NGA) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or states, in a lawsuit concerning construction of a 116-mile natural gas pipeline from Pennsylvania to New Jersey. The compan...

Iowa Citizens for Community Improvement v. Iowa

The Iowa Supreme Court reversed, 4-3, a lower court order denying Iowa's motion to dismiss a lawsuit brought by nonprofit groups seeking to reduce fertilizer and waste runoff from farms into the Racoon River. The groups sought to force the state, its agencies, and a number of its officials to enact ...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court granted partial summary judgment in a CWA citizen suit brought against the owner of a mine in Washington. The state of Washington and an environmental group argued the mine owner had violated various terms of its NPDES permit. The owner asserted the claims were barred because there ...

Wild Virginia v. Council on Environmental Quality

A district court dismissed a challenge to CEQ's adoption of revised regulations implementing NEPA following an allegedly defective notice-and-comment process. Conservation groups argued the revised regulations harmed them or will harm them by making it more difficult and likely more expensive for th...

Living Rivers v. Hoffman

A district court dismissed a lawsuit concerning BLM's suspension of oil and gas leases sold in Utah in 2018. Environmental groups argued BLM violated NEPA by failing to prepare an EIS prior to suspending the leases. BLM moved to dismiss, arguing the groups lacked standing because the suspensions wer...