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Bergmann v. Michigan State Transportation Comm'n,
The Sixth Circuit vacated and remanded a lower court decision partially granting a landowner's motion to enforce a decades-old consent decree requiring Michigan's transportation department to remediate certain property by March 31, 1995, or to pay the landowner $2,000 per month until the remediation...
Hardesty v. Sacramento Metropolitan Air Quality Management District
A California appellate court affirmed a lower court decision dismissing a petition challenging an air district's abatement order directing the owners of an open-pit mining operation to cease operation of the central plant equipment and all internal combustion engines with a rating greater than 5...
New York State Superfund Coalition, Inc. v. New York State Department of Environmental Conservation
New York's highest court upheld regulations promulgated by the state's environmental agency that require inactive hazardous waste disposal sites to be restored to pre-disposal conditions. A coalition of commercial property owners argued that the regulations are ultra vires and impermissibly allow th...
San Diego v. Board of Trustees of the California State University
A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the agenc...
District of Columbia v. Potomac Electric Power Co.
A district court denied environmental groups' motion to intervene in a proposed consent decree resolving the District of Columbia's lawsuit against a power company alleging PCB contamination in the Anacostia River, but allowed the groups to participate as amici curiae. Under the consent decree, ...
Washington Environmental Council v. Sturdevant
A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...
National Ass'n of Home Builders v. United States Army Corps of Engineers
The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure approval for qualifying discharges into "waters of the United States" without going through the more laborious ...