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Meyer v. Constantinou

A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring dry cleaning business. The New Jersey Environmental Rights Act all...

Arkansas Game & Fish Commission v. United States

The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused increased flooding in Arkansas' Dave Donaldson Black River Wildlife Management A...

Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee

The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...

VFC Partners 26, LLC v. Cadlerocks Centennial Drive

The First Circuit reversed in part a lower court's judgment in favor of a lender in a dispute concerning environmental testing expenses associated with a foreclosure on a parcel of land following a loan default. The lender and borrower entered an environmental indemnity agreement under which the lan...