A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...

The Ninth Circuit, in a case concerning the NRC's approval of a proposed interim spent fuel storage installation at the Diablo Canyon Power Plant, held that the NRC's refusal to grant a nonprofit group access to sensitive information in a closed adjudicatory hearing was not arbitrary, capric...

A district court ruled in favor of the defendant in a property owners' suit seeking to recover damages, cleanup costs, and a cleanup injunction resulting from environmental contamination on their property allegedly caused by an oil company. The owners failed to prove by a preponderance of t...

The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling station in Puerto Rico. The pendency of parallel state administ...

The D.C. Circuit upheld the dismissal of a Native American tribe's case against DOE asking it to clean up two contaminated sites under the Uranium Mill Tailings Remediation and Control Act (UMTRCA). The sites, located on Navajo tribal land, were contaminated by Word War II and Cold War era u...

The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct). The EPAct added §216 to the Federal Power Act, requiring DOE to prepare the conges...