A North Carolina appeals court denied respondent agency’s appeal of a lower court's reversal of the agency's assessment of a civil penalty for petitioner's failure to meet certain requirements related to leaking underground storage tanks (USTs). Petitioner inherited the property from his father wh...

A California appeals court affirmed a lower court’s denial of environmental group’s petition for writ of mandate challenging defendant county’s revision and recertification of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). The water serv...

The Third Circuit affirmed a lower court’s grant of the government’s motion for summary judgment denying appellant’s claim that its environmental cleanup costs qualify for beneficial tax treatment under §1341 of the Internal Revenue Code. A taxpayer’s cleanup expenses do...

On certification from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals held that an open space restriction imposed by a subdivision plat under New York Town Law §276 and filed in the Office of the county clerk pursuant to Real Property Law §334 is enforceable...

A California appellate court reversed a lower court's grant of a peremptory writ of mandamus in favor of an environmental group that set aside defendant city's approval of a housing project subdivision map and that required a focused environmental impact report (EIR) or equivalent analysis to be con...

A California appellate court reversed a lower court's denial of a petition for a writ of mandate, which challenged the certification of an environmental impact report (EIR) under the California Environmental Quality Act and the approval of a developer's tentative subdivision tract map in Inyo County...

The Ninth Circuit vacated as moot a dispute concerning the federal government's policy for listing killer whales under the Endangered Species Act. An environmental group filed suit after the National Oceanic and Atmospheric Administration (NOAA)-Fisheries denied its petition to list the Southern Res...

The Tenth Circuit upheld a lower court decision vacating a prior order that set aside a U.S. Forest Service decision revoking a business' permits to operate a lodge and outfitter-guide service. The business sold its property after the permits were revoked but before the lower court issued its order....

The Eighth Circuit affirmed a lower court's decision to abstain from an action seeking a declaration of the rights and obligations of various insurance companies and an oil company with respect to soil contamination surrounding the oil company's refinery in Hartford, Illinois. The lower court correc...

A district court dismissed environmental groups' claim that the Department of Homeland Security's waiver of various federal environmental laws with respect to the construction of a fence along the U.S.-Mexican border under the REAL ID Act of 2005 was unconstitutional. The court lacks the power to in...