The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under CERCLA from EPA for access to his property to install wells for th...

The Delaware Supreme Court held that an energy company's shareholders cannot proceed with their suit against the company's directors and officers over the costs of addressing a coal ash spill into North Carolina's Dan River. In 2014, a storm water pipe ruptured beneath a coal ash containment pond, r...

A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in sewers. A flushable wipes manufacturer sought to enjoin the implemen...

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA to r...

The Hawaii Supreme Court held that the “right to a clean and healthful environment” as set forth in the Hawaii Constitution gives citizens the right to be heard and protect their environmental interests in cases before the state Public Utilities Commission. A Hawaiian electric company sought the...

A district court held that the California Public Utilities Commission's tariff program for small renewables, known as the Renewable Market Adjusting Tariff (Re-MAT), violates the federal Public Utility Regulatory Policies Act (PURPA). A solar company challenged the Re-MAT program, arguing that the t...