Applying state law, the Seventh Circuit reversed a lower court decision to hold that a sewerage district was not entitled to reformation of an environmental liability insurance policy to include a certain parcel of real property. Based on all of the evidence in the record, the lower court’s fi...
The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...
The Maine Supreme Court upheld the Board of Environmental Protection's decision to affirm the issuance of permits to a company to construct a wind energy generation facility. A citizen group challenged the Board’s findings on the grounds that the company did not meet applicable licensing crite...
The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...
A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales under, among other things, the APA, FLPMA, the Mineral Lands Leasing Act (MLLA), the National Forest Management ...
A district court denied environmental groups’ motion for a preliminary injunction to enjoin the use of genetically engineered sugar beets. On the likelihood of success on the merits, the court has already found that defendants, the USDA and its Animal and Plant Health Inspection Service, viola...
A California appellate court affirmed a lower court decision that denied plaintiff’s petition for a writ of mandate directing a city to set aside its approval of a revised site plan for a commercial retail shopping center project. The petition claimed that the city violated the California Envi...
The Seventh Circuit affirmed a lower court’s grant of summary judgment in favor of insurers in a breach of contract action related to the insurers’ refusal to defend a gas station in a class action filed against it for allegedly contaminating groundwater in a residential neighborhood. Ap...
A California appellate court affirmed a lower court decision that denied a writ of mandate seeking to set aside a cease-and-desist order entered by the California Coastal Commission (Commission) that prohibited a festival committee from discharging fireworks over the Gualala River estuary without fi...
The Supreme Court of Montana affirmed a lower court’s award of almost $41 million in damages to the state of Montana from a wholesale electric generator for its use of state-owned riverbeds at its hydroelectric generation facilities. The court held that title to the riverbeds passed to M...