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Treasure Island, City of v. St. Petersburg, City of

A district court remanded to state court a city's CWA and state law claims against another city challenging its imposition of a 25% surcharge on wastewater treatment services. The plaintiff city seeks a declaration that the surcharge violates the CWA. Although the plaintiff city referred to the fede...

LG Elecs. U.S.A., Inc. v. DOE

A district court denied a manufacturer's motion for preliminary injunction to retain the "Energy Star" energy efficiency label that DOE ordered it to remove from approximately 40,000 of its refrigerators. The central issue in the case was the proper procedures for testing the energy efficiency of th...

In re QSA Cases

A California court voided an agreement between California and the four major Southern California water agencies (Metropolitan Water District, Imperial Irrigation District, Coachella Valley Water District, and San Diego County Water Authority) concerning the allocation of water from the Colorado Rive...

Douglas Ridge Rifle Club v. St. Paul Fire & Marine Ins. Co.

A district court held that an insurance company has a duty to defend a shooting range operator in an underlying CWA, RCRA, and nuisance lawsuit concerning the discharge of lead shot into the environment. The duty to defend arises when there is a possibility that a claim may be covered by the insuran...

America Gas Ass'n v. Federal Energy Regulatory Comm'n

The D.C. Circuit ordered FERC to reconsider its reporting rules for interstate natural gas pipelines. During the public comment period, petitioners—a national trade association of gas utility companies—requested additional and more detailed reporting requirements for shipper-supplied gas for pip...

Prive v. Vermont Asbestos Group

The Supreme Court of Vermont reversed and remanded a lower court’s decision that granted a corporate officer’s motion to dismiss the complaint of a property owner for trespass and nuisance. Contrary to the lower court's decision, the complaint alleged facts sufficient to find liability. ...

Save the Plastic Bag Coalition v. Manhattan Beach, City of

A California appellate court affirmed a lower court’s decision to vacate an ordinance issued by the City of Manhattan Beach, which prohibited certain retailers from distributing plastic bags to customers at the point of sale, until the city prepared an environmental impact report pursuant to the C...

Great Basin Water Network v. Taylor

The Nevada Supreme Court reversed and remanded a lower court decision that held that the Nevada State Engineer did not violate his statutory duty by failing to rule on the water appropriation applications of a regional water authority within one year of the protest period closing. At the time the ap...

River Runners for Wilderness v. Martin

The Ninth Circuit affirmed a lower court’s decision to dismiss environmental groups’ action against the National Park Service (NPS) on the grounds that NPS did not act arbitrarily and capriciously under the APA by adopting a management plan that permitted the continued use of motorized raft and ...