Lost Tree Village Corp. v. United States
The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking. The Federal Circuit had previously ruled on appeal that the f...
Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control
The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill. The ALC denied the permit based on its conclusion that the region already had more landfill capacity th...
People for the Ethical Treatment of Animals v. National Institutes of Health
The D.C. Circuit affirmed in part and reversed in part a lower court decision rejecting an animal rights group's FOIA request for records concerning National Institutes of Health (NIH) investigations of animal abuse at a university research lab. NIH issued "Glomar" responses, meaning that the agency...
Kaufman v. Perez
The D.C. Circuit held that an EPA employee's lawsuit against the Agency for allegedly retaliating against him in violation of several environmental whistleblowing provisions was untimely. In 2000, the employee was working in EPA's ombudsman office. Following a pattern of controversial behavior at a ...
Public Employees for Environmental Responsibility v. Beaudreau
A district court largely upheld several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound, remanding only two issues to FWS and the National Marine Fisheries Service (NMFS) for ESA violations. Four gr...
Century Exploration New Orleans LLC v. United States
The Federal Circuit held that the U.S. government did not breach its contract with two oil and gas exploration companies when it imposed new regulatory requirements after their lease went into effect. The companies jointly leased the mineral rights to land on the Outer Continental Shelf (OCS) from t...
San Luis & Delta-Mendota Water Authority v. Jewell
The Ninth Circuit, in a 170+ page opinion, reversed in part and affirmed in part a lower court decision invalidating the FWS' 2008 biological opinion (BiOp) that concluded that the Central Valley Project (CVP) would jeopardize the continued existence of the delta smelt and its habitat. The project s...
Arrowood Indemnity Co. v. Bel Air Mart
A district court held that an insurance company has a duty to defend a commercial property owner in an underlying action concerning contamination from property it leased to a dry cleaning business. The owner discovered the contamination in 2007. In 2008, it tore down the property. In 2010, the owner...
Rosedale-Rio Bravo Water Storage District v. California Department of Water Resources
A California appellate court, in a pair of related cases, held that the California Department of Water Resources's environmental impact report (EIR) for an underground water bank in southern California violated the California Environmental Quality Act. The bank occupies nearly 30 square miles of und...