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Nucor Steel-Arkansas v. Big River Steel, LLC

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit. Ne...

United States v. Sawyer

The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS violations. The individual and co-defendants formed a salvage comp...

Environment Texas Citizens Lobby v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. An environmental group filed a CAA citizen suit against the company, alleging violations that occurred thousan...

Coyote Lake Ranch, LLC v. City of Lubbock

The Texas Supreme Court held that the common-law "accommodation doctrine," which gives an oil-and-gas lessee an implied right to use the land as reasonably necessary to produce and remove the minerals as long as it exercises that right with due regard for the landowner's rights, also extends to grou...

State v. Atlantic Richfield Co.

The Vermont Supreme Court affirmed a lower court decision dismissing as untimely the state's claims against a number of companies for generalized injury to state waters due to groundwater contamination from methyl tertiary butyl ether, a gasoline additive. The state's lawsuit was barred by the six-y...

North Dakota v. U.S. Environmental Protection Agency

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for the Sixth Circuit or the U.S. Supreme Court. Numerous challenges throughout the country have been levied against the fi...