The U.S. Supreme Court held that two flow-control ordinances requiring delivery of local solid waste to a publicly owned processing facility do not discriminate against interstate commerce in violation of the U.S. Constitution. The ordinances at issue treat in-state private business interests exactl...

A district court granted in part a motion to reconsider its previous ruling dismissing an industrial park owners' CERCLA and (RCRA claims against the prior owner. The current owner filed suit against the prior owner for violations stemming from the presence of asbestos on the property. In the previo...

A California appellate court held that California Government Code §17516c is unconstitutional to the extent it exempts regional water board orders from California's subvention requirement. The case arose after the Regional Water Quality Control Board for Los Angeles issued an NPDES permit for munic...

The court held that under Ohio law, a landowner must exhaust his state remedies before proceeding with his takings claim against a county in federal court. Although Ohio does not have an inverse condemnation statutory cause of action, the owner has not filed a trespass action, a mandamus action, or ...

A district court awarded an environmental group attorney fees and costs under the Equal Access to Justice Act (EAJA) for their underlying National Environmental Policy Act and National Forest Management Act claim against the U.S. Forest Service. The group challenged the Forest Service's approval of ...

A district court held that the Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Endangered Species Act (ESA) when it revised its nationwide grazing regulations. In issuing the regulations, which general...

A California appellate court upheld a lower court decision finding that a manufacturer's product—automobile touch up paint—is exempt from the warning requirements of the California Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. Because the paint contained toluen...

A California appellate court reversed a lower court's award of damages in a cotton grower's suit against a neighboring oil company alleging subsurface trespass due to the migration of wastewater stemming from the company's oil production activities. The wastewater, pumped out of the deep ground in c...

The Ninth Circuit reversed and remanded certain lower court pretrial orders that excluded government witnesses and studies in a case concerning the release of asbestos-contaminated vermiculite at a mine. The lower court exceeded its authority by ordering the government to produce a pretrial list of ...

The D.C. Circuit denied petitions to review two Federal Energy Regulatory Commission (FERC) regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the c...