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United States v. Humphries
The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the jury about the distinction between "storage" and "disposal" of ha...
Whiteman v. Chesapeake Appalachia, L.L.C.
The Fourth Circuit affirmed a lower court decision dismissing farmer's West Virginia common law trespass claims against a natural gas company. The landowners sought an injunction and damages stemming from on the company's drilling and operation of three natural gas wells on surface property owned by...
Trinity Industries, Inc. v. Chicago Bridge & Iron Co.
The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA from a second PRP. The court held that CERCLA §113(f)(3)(B) does...
Entergy Nuclear Vermont Yankee LLC v. Shumlin
The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approv...
La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of Interior
A district court dismissed groups' lawsuit challenging BLM's approval of a 370-megawatt utility-scale solar power plant currently under construction in the Mojave Desert. BLM's decision to consider cumulative impacts within a single EIS was not arbitrary, capricious, an abuse of discretion, or other...
Litgo New Jersey, Inc. v. New Jersey Department of Environmental Protection
The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive relie...
Banks v. Heineman
The Supreme Court of Nebraska held that a 2010 state law that changed the manner in which wind energy generation facilities in Nebraska are taxed is constitutional. As part of legislation passed to encourage the development of wind generation facilities in Nebraska, the state legislature enacted a n...