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San Diego Unified Sch. Dist. v. San Diego, County of

A California appellate court reversed a lower court's grant of summary judgment in favor of a county that was sued by a school district for environmental problems and remediation costs incurred on district property due to ongoing effects of an inactive county landfill. The lower court concluded that...

Middlesex County Health Dep't v. Consolidated Rail Corp.

A district court dismissed a county's lawsuit against a railroad company for allowing its locomotive engines to idle in violation of state air pollution law. This case involves railcars, the fumes they emit, and the tracks they use. Accordingly, its falls under the umbrella of federal regulatory aut...

Colorado Mining Ass'n v. Board of County Comm'rs of Summit County

The Colorado Supreme Court held that the state Mined Land Reclamation Act impliedly preempts a county's ban on the use of toxic or acidic chemicals, such as cyanide, for mineral processing in vat or heap leach operations for all zoning districts in the county. The county enacted the ordinance to pro...

California Native Plant Soc'y v. El Dorado, County of

A California appellate court reversed a lower court's summary judgment that a county's approval of a congregate care construction project did not violate the California Environmental Quality Act or its general land use plan. The county enacted a program that requires developers in a defined geograph...

United States v. Eurodif S.A.

The U.S. Supreme Court held that the Tariff Act's antidumping duties on foreign merchandise sold in the United States at less than its fair value apply to imports of low enriched uranium obtained by domestic utilities in return for cash and unenriched uranium delivered to a foreign enricher. Section...

Great Oaks Water Co. v. Santa Clara Water Valley Dist.

A California appellate court affirmed a lower court decision denying a water company's petition challenging a water district's use of a statutory rate-setting exemption from the California Environmental Quality Act to raise groundwater-charge rates for fiscal year 2006-2007. Although the district's ...

Goodrich Corp. v. EPA

A district court granted in part and denied in part cross-motions for summary judgment in a company's Freedom of Information Act (FOIA) suit seeking to compel the production of two Environmental Protection Agency (EPA) documents about water contamination models the Agency is using at a hazardous was...

Riverwatch v. Olivenhain Mun. Water Dist.

A California appellate court held that a water district violated the California Environmental Quality Act (CEQA) when it approved an agreement concerning the operation of a landfill and recycling center. The water district argued that its approval and execution of the agreement did not constitute ap...

Welsh v. Department of the Army

A district court dismissed a family's personal injury claims against the U.S. Army for exposing them to carbon tetrachloride while they resided on a former Army base. The discretionary function exception to the Federal Tort Claims Act deprives the court of subject matter jurisdiction over their clai...

Piedmont Envtl. Council v. Federal Energy Regulatory Comm'n

The Fourth Circuit held that the Federal Power Act (FPA) does not grant the Federal Energy Regulatory Commission (FERC) permitting jurisdiction when a state denies approval of a permit application within one year. Two state utilities commissions and two community interest organizations challenged se...