A California appellate court reversed in part a lower court decision granting a petition to vacate an irrigation district's approval of an agreement to provide water to a casino on tribal land. In approving the agreement, the irrigation district determined that the agreement was not subject to certa...
The Ninth Circuit affirmed a lower court decision denying an environmental group attorney fees after it successfully challenged BLM's post-fire grazing decisions and authorizations in the Jarbridge Resource Area in Idaho. In 2004, an environmental group filed suit against BLM challenging its renewal...
A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The state denied the application because the fill to be used at the site...
The Supreme Court of New Jersey affirmed a lower court decision dismissing the state environmental agency's contribution action against a dry cleaner under the New Jersey Spill Compensation and Control Act to recover costs incurred in investigating and remediating PCE-contaminated groundwater. The a...
The Federal Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a takings suit filed by property owners claiming that the government's releases of water from a dam in central California unlawfully impaired their property rights in the water and inundated t...
The Fifth Circuit withdrew its prior ruling and held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the U.S. Army Corps of Engineers from liability for flood damage stemming from Hurricane Katrina. Plaintiffs argued that the Corps should be held liable for th...
A district court dismissed a lawsuit filed by the state of New York and several environmental groups challenging the federal government's decision not to conduct an environmental review under NEPA while the Delaware River Basin Commission drafts and considers regulations that would allow hydraulic f...