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Washington Environmental Council v. Bellon

The Ninth Circuit refused to rehear a case in which it previously ruled that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. One of the judge...

In re Methyl Tertiary Butyl Ether

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline ...

Fox v. Elk Run Coal Co.

The Fourth Circuit affirmed a lower court decision dismissing a widow's claim that a coal company committed fraud on the court and thereby deprived her husband, a coal miner, of nearly a decade of benefits under the Black Lung Benefits Act (BLBA). Because the coal company had admitted liability for ...

Wildearth Guardians v. Jewell

The D.C. Circuit affirmed the dismissal of environmental groups' lawsuit challenging BLM's decision to lease two tracts of land in the Wyoming Powder River Basin for coal mining. The groups argued that BLM failed to adequately consider several environmental concerns, including the increase in local ...

Thrun v. Cuomo

A New York appellate court dismissed New York residents' lawsuit challenging the state's enforcement of the Regional Greenhouse Gas Initiative (RGGI), a carbon dioxide cap-and-trade program that targets emissions from electricity generating power plants in New York and six other states. The resident...

Tri-Realty Co. v. Ursinus College

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...

California Chamber of Commerce v. California Air Resources Board

A California court upheld the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). As in its tentative decision issued last August, the court ruled that the a...