Anthony Wayne Corp. v. Elco Fastening Systems, LLC
A district court, on motions for summary judgment, dismissed all but one of a property owner's environmental, waste, and breach of lease claims against various manufacturing companies that leased the site. The owner has been leasing the property since 1972, but it has largely been an absentee landlo...
Arizona v. U.S. Environmental Protection Agency
The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First, EPA did not act arbitrarily and capriciously when it disapprove...
Adams v. Grefer
The Fifth Circuit held that a mass action lawsuit in Louisiana concerning personal injury and property damages due to alleged contamination exposure may not be removed to federal court under the Class Action Fairness Act (CAFA). The plaintiffs filed an amended petition that substituted deceased plai...
State ex rel. American Electric Power Co. v. Nibert
West Virginia's highest court held that individuals' lawsuit against a power company for injuries they allegedly incurred due to their exposure to coal combustion waste may go forward in the West Virginia courts even though the vast majority of plaintiffs live outside the state. Of the 77 named plai...