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American Bottom Conservancy v. U.S. Army Corps of Engineers

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit allowing 18.4 acres of wetlands in a state park to be destroyed to make way for a landfill. A lower court held that the group lacked standing and therefore dismissed the case. It...

American Electric Power Co. v. Connecticut

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A group of states, private land trusts, and a city a filed suit against four power companies and the TVA claiming that their e...

Chamber of Commerce v. Brown,

A California appellate court held that the Office of Environmental Health Hazard Assessment (OEHHA) may add chemicals to California's Proposition 65 list using the methodology set forth in Cal. Health & Safety Code §25249.8(a). Proposition 65 requires the government to publish a list of ch...

Natural Resources Defense Council v. Jackson

The Seventh Circuit denied environmental groups' petitions challenging EPA's approval of revisions to Wisconsin's new source review program. In 2002, EPA changed the rules that determine when polluters need permits in order to modify existing facilities—and, if they need permits, what restrictions...

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co.

A district court held that an insurer has no duty to defend or indemnify a dry cleaner for PCE pollution stemming from repeated flooding under the terms of its insurance policy. The policy contained a pollution exclusion clause, and the dry cleaner argued that the exception for sudden and accid...

Downing/Salt Pond Partners, L.P. v. Rhode Island

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode Island. In Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (19...

Chevron Corp.

The Third Circuit reversed a lower court order granting an oil company's application to engage in discovery for use in an environmental class action before an Ecuadorian court under 28 U.S.C. §1782(a). The lower court ruled that the attorney-client privilege asserted by the Ecuadorian plaintif...

Oakland Heritage v. City of Oakland

A California appellate court held that a city's revised environmental impact report (EIR) for a proposed development project along an estuary complies with the California Environmental Quality Act. The project would develop approximately 64 acres, converting a maritime and industrial area into ...