The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the operative provisions as limited to the risk of taxpayer-funded response...

The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds. The landowner argued the ordinance, which requires cemeteries on public and private property to be kept open and accessible to the public during daylight hours, effected a taking of her prop...

The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners argued that the flooding, which rendered their land unfit for cultiva...

A state high court affirmed a lower court denial of landowners' and an environmental group's petition to review a decision by the Iowa Utilities Board authorizing a company to use eminent domain to build a crude oil pipeline. The landowners and group argued the pipeline did not serve the "public con...

A district court denied EPA's motions to dismiss a lawsuit brought by two states and a Native American tribe seeking to recover response costs from the 2015 Gold King mine spill that sent millions of gallons of acid mine drainage into the Animas and San Juan Rivers. EPA argued that it retained sover...

A district court dismissed a conservation group's suit to block the Department of Homeland Security from constructing a border wall near the National Butterfly Center in southern Texas. The group argued that the Department violated the Fourth Amendment by entering the Center without consent or warra...