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Safe Food & Fertilizer v. EPA

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study. Petitioners were limited to challenging EPA's claim that its study an...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit the purchase or lease of vehicles by fleet operators that do not ...

Defend the Bay v. Irvine, City of

A California appellate court denied an environmental group's petition to compel a city to rescind its approval of an environmental impact report (EIR) for the development of a former military base despite the group's claims of insufficient evidence to support conclusions regarding impacts in housing...

Baxter Healthcare Corp. v. Denton

A California appellate court held that a health care company adequately established that its chemical plasticizer (DEHP) posed no significant risk of causing cancer in humans and, thus, was exempt from warning requirements under the California Safe Drinking Water and Toxic Enforcement Act (Propositi...

Maintain Our Desert Env't v. Apple Valley, Town of

A California appellate court held that a lower court did not err when it denied an environmental group's writ seeking to set aside approval of a development project because the town did not comply with the California Environmental Quality Act (CEQA). The group had standing to seek a writ because it ...

Serra Canyon Co. v. California Coastal Comm'n

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by a prior owner of the land in 1983 as a condition of a permit to ...

Squaw Valley Dev. Co. v. Goldberg

The Ninth Circuit reversed a lower court decision to find a possible equal protection violation when a state water quality control board's overzealous regulation of a ski resort's water discharges may have been motivated by personal animus, but affirmed the decision on all remaining claims. When the...

Khodara Envtl., Inc. v. Blakey

The Third Circuit reversed a lower court decision and granted declaratory judgment for a waste management company stating that the Wendell H. Ford Aviation Investment and Reform Act does not prohibit the building of a landfill because the company began construction prior to the effective date of the...

Shain v. Veneman

The Eighth Circuit upheld the dismissal of a landowner's lawsuit challenging the USDA's financing of a sewage treatment plant for lack of standing. The landowner argued that in the event of a 100-year flood, the treatment plant increases the risk of flooding on his land. The landowner, however, fail...

Housing Auth. Risk Retention Group, Inc. v. Chicago Hous. Auth.

The Seventh Circuit held that an insurer has no duty to defend or indemnify a local housing authority with respect to an underlying class action lawsuit in which approximately 10,000 current or former residents claimed that they had been exposed to and harmed by environmental contaminants while livi...