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Strother v. California Coastal Comm'n

A California appellate court reversed a lower court decision dismissing residents' motion challenging the California Coastal Commission's approval of coastal development permits for two unimproved residential lots. The case involves apparently inconsistent sections of the California Environmental Qu...

Alcoa, Inc. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied a petition challenging the Federal Energy Regulatory Commission 's (FERC's) approval of the Electric Reliability Organization's (ERO's) method for allocating costs based on net energy for load. The ERO was created under §215 of the Federal Power Act to establish and enfo...

Attorney Gen. of Okla. v. Tyson Foods, Inc.

The Tenth Circuit upheld a lower court decision denying Oklahoma's motion to preliminarily enjoin a food producer from disposing of poultry waste on lands within the Illinois River watershed. The lower court ruled that Oklahoma failed to establish a causal link between the land application of poultr...

Abdur-Rahman v. Walker

The Eleventh Circuit upheld the dismissal of former county water inspectors' 42 U.S.C. §1983 and First Amendment claims against their employer for unlawfully firing them. The inspectors alleged they were fired in retaliation for reporting concerns about the counties' compliance with the Clean W...

In re Natural Gas Royalties Qui Tam Litig.

The Tenth Circuit reversed a lower court decision dismissing a number of qui tam suits filed against natural gas pipeline companies and their affiliates for alleged underpayment of royalties in violation of the False Claims Act. The individual relator who filed the suits alleged that the companies u...

Farr v. California Coastal Comm'n

A California appellate court upheld a California coastal development permit allowing homeowners to build a second story to their home in Redondo Beach. A petitioner sought to have the permit vacated, arguing that the addition would block the public's view of the ocean in violation of the state Coast...

Kalden Constr. Co. v. Hansen Aggregates New York, Inc.

A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that found that the selected operating system—modified low flu...

Citizens for Better Forestry v. Department of Agric.

The Ninth Circuit held that an environmental group is not entitled to attorneys fees in their action challenging a USDA regulation that the agency withdrew while the case was pending. The group alleged that the USDA violated NEPA, the ESA, and the National Forest Management Act (NFMA) in promulgatin...

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit, in a CWA enforcement action filed by the United States and the state of Missouri against a water district, affirmed a lower court decision denying the state's motion to dismiss the district's counterclaims and to strike its affirmative defenses claiming financial inability to com...

Caperton v. A.T. Massey Coal Co.

The U.S. Supreme Court held that a justice sitting on West Virginia's highest court should have recused himself from a case involving a coal company that contributed large sums of money toward the judge's election campaign. In that case, a jury found the company liable for fraudulent misrepresentati...