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Comer v. Murphy Oil USA, Inc.
A district court held that the doctrines of res judicata and collateral estoppel bar individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina. The individuals asserted that the companies' activitie...
Washington Environmental Council v. Sturdevant
A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...
Association of Irritated Residents v. California Air Resources Board
A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court held that an oil company may not seek insurance coverage for damages it incurred following the Deepwater Horizon oil spill under the oil rig owner's insurance policies. The underlying insurance policies refer to the drilling contract between the rig owner and the oil company to dete...