The court holds that while §11.122(b) of the Texas Water Code significantly restricts the issues that may be reviewed in a contested-case proceeding, it does not altogether preclude one when a proposed water rights amendment requests a change in use but does not seek to increase the amount of w...

The court upholds the dismissal of a complaint against the U.S. Department of Energy (DOE) involving a 1986 settlement agreement that allocated refunds of crude oil overcharges. Under the agreement, the refunded overcharges would be apportioned between the parties to the settlement agreement, which ...

The court upholds a lower court decision refusing to hold a manufacturer of pollution control devices liable for the actions of one of its subsidiaries. A company who purchased pollution control devices from the subsidiary filed suit after the devices didn't perform as promised. It also filed suit a...

The court reverses and remands a lower court decision denying petitions brought by members of a federal grand jury empanelled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The petitions seek the release of certain documents and the lifting of thei...

The court holds that the sale of an oil and gas working interest, which is subject to an operating agreement, does not release the seller from any further obligations to the operator. Despite selling its working interest, the seller remains liable under the operating agreement unless released by the...

A court upholds a city's approval of a construction project for a big box retail store. A citizens group argues that the city violated the California Environmental Quality Act (CEQA) by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mi...

A court affirms a lower court decision that water districts have an obligation to provide treated water to a town for domestic and other needs but that the cost of treatment may be passed along to the consumer. The water districts' obligation to provide domestic water supply can be found in the lang...

The court holds that excess liability insurance policies cover an insured's potential liability for environmental contamination at a former manufactured gas plant site in Dover, New Hampshire. The district court did not err in refusing to allow the case to go to the jury. The insurer claims that the...

A court reverses a lower court decision denying a petition challenging a city's approval of a construction project for a hotel, gas station, and convenience store complex. The city's reliance on an addendum to a mitigated negative declaration for the project, instead of independent environmental rev...

A court holds that the state legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating development. Consequently, the California Coastal Commission erred in imposing special conditions on a developer's permit to build a residence and must rehear th...