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Jones v. United States

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

Kane County, Utah v. United States

The Tenth Circuit affirmed a lower court’s denial of environmental groups’ motion to intervene in a county action against the United States to quiet title to several purported rights of way across federal public lands. In considering intervention as of right, the court held that, even if...

Powder River Basin Resource Council v. Wyoming Dep't of Envtl. Quality

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused her to develop non-Hodgkin’s lymphoma. Plaintiff, who had ...

Milwaukee Metro. Sewerage Dist. v. American Int'l Specialty Ins. Co.

Applying state law, the Seventh Circuit reversed a lower court decision to hold that a sewerage district was not entitled to reformation of an environmental liability insurance policy to include a certain parcel of real property. Based on all of the evidence in the record, the lower court’s fi...

Klamath Irrigation Dist. v. United States

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...

Friends of Lincoln Lakes v. Board of Envtl. Protection

The Maine Supreme Court upheld the Board of Environmental Protection's decision to affirm the issuance of permits to a company to construct a wind energy generation facility. A citizen group challenged the Board’s findings on the grounds that the company did not meet applicable licensing crite...

Communities for a Better Env't v. South Coast Air Quality Management Dist.

The Oregon Supreme Court answered three certified questions from the Federal Circuit Court of Appeals relating to whether plaintiffs, farmers and irrigation districts that use water from a federal reclamation project in the Klamath River basin have an equitable interest in a water right to which the...

Amigos Bravos v. BLM

A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales under, among other things, the APA, FLPMA, the Mineral Lands Leasing Act (MLLA), the National Forest Management ...

Center for Food Safety v. Schafer

A district court denied environmental groups’ motion for a preliminary injunction to enjoin the use of genetically engineered sugar beets. On the likelihood of success on the merits, the court has already found that defendants, the USDA and its Animal and Plant Health Inspection Service, viola...

Melom v. Madera, City of

A California appellate court affirmed a lower court decision that denied plaintiff’s petition for a writ of mandate directing a city to set aside its approval of a revised site plan for a commercial retail shopping center project. The petition claimed that the city violated the California Envi...