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Foster v. United States Environmental Protection Agency

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the property, the owners discharged dredge and fill materials into water...

Quinault Indian Nation v. Imperium Terminal Services, LLC

A Washington appellate court upheld an administrative board decision invalidating the Department of Ecology's and a city's threshold determinations for two crude oil terminal development projects under the State Environmental Policy Act (SEPA), but denied environmental groups' claim that additional ...

Cerny v. Marathon Oil Corp.

A Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home. To overcome the defendant companies' no-evidence summary judgment...

Pennsylvania General Energy Co. v. Grant Township

A district court struck down portions of a town ordinance, deemed a "Community Bill of Rights," that sought to ban the disposal of waste materials from oil and gas extraction within its borders. The town is a "second class township" under state law. As such, it is subject to Pennsylvania's Second Cl...