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Northern Natural Gas Co. v. Iowa Utils. Bd.

The Eighth Circuit affirmed a lower court decision that federal law preempts conflicting state pipeline regulations and, thus, governs the upgrade of a natural gas pipeline in Iowa. Iowa Code Chapter 479A and its implementing provisions, which provide for various pipeline reporting and inspection re...

Broaddus v. Corps of Eng'rs

The Fourth Circuit reversed a district court decision dismissing a landowner's petition for attorney fees, which he sought after successfully challenging a condemnation action against the U.S. Army Corps of Engineers. The district court erred in determining that the landowner failed to establish fin...

United States v. Praxair, Inc.

The Tenth Circuit upheld the dismissal of an individual's qui tam action under the False Claims Act (FCA) against a company for allegedly presenting false valuations of royalties owed for carbon dioxide production. Although the individual's complaint is based on a publicly disclosed transaction, the...

EMR Network v. Federal Communications Comm'n

The D.C. Circuit upheld the Federal Communication Commission's (FCC's) refusal to undertake rulemaking tightening the restrictions governing the nonthermal effects of radiofrequency radiation. The FCC's decision not to initiate an inquiry neither violated the National Environmental Policy Act (NEPA)...

Smith v. Mendon, Town of

New York's highest court holds that a municipality does not commit an unconstitutional taking when it conditions site plan approval on landowners' acceptance of a development restriction consistent with the municipality's preexisting conservation policy. The restriction would not appreciably diminis...

Royalty Carpet Mills, Inc. v. Irvine, City of

A California appellate court affirmed a trial court decision dismissing a petition challenging a city's issuance of a negative environmental declaration under the California Environmental Quality Act and grant of a conditional use permit to a developer to construct an apartment building in an indust...

Citizens Legal Envtl. Action v. Premium Standard Farms, Inc.

The Eighth Circuit denied an environmental group's request for attorneys fees in an action stemming from violations of federal environmental laws because the group planned on keeping the money for itself. The group was originally represented by one law firm, but when the attorney representing them m...

St. Charles Mfg. Ltd. Partnership v. Whirlpool Corp.

The Seventh Circuit held that the adequacy of a "no further remediation" letter issued by the Illinois Environmental Protection Agency is an issue for the state agency to decide. Under a contract between the former owner and subsequent owner of land, the former owner would be released from all claim...

Legal Envtl. Assistance Found. v. EPA

The Eleventh Circuit held that an environmental organization lacks standing to challenge the U.S. Environmental Protection Agency's (EPA's) decision not to take any enforcement action against Alabama's and Florida's Title V Clean Air Act programs. The organization argued that both programs' standing...