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California Am. Water v. Seaside, City of

A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmental revie...

Watsonville Pilots Ass'n v. Watsonville, City of

A California appellate court affirmed a lower court’s issuance of a writ of mandate directing the city of Watsonville to, among other things, set aside its certification of a final environmental impact report (EIR) and its approval of a plan to develop a residential area in an area located adj...

United States v. Massachusetts

In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA). The U.S. Co...

Communities for a Better Env't v. Richmond, City of

The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...

Fideicomiso de la Tierra del Caño Martín Peña v. Fortuño

The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the land trust and transferred to the trust title to certain lands that...

Bright v. United States

The Federal Circuit held that landowners seeking compensation for the alleged taking of their respective reversionary property interests under the National Trail Systems Act were permitted to opt in to a class action lawsuit against the government. The landowners alleged that the conversion of a rai...

New Jersey v. Corps of Eng'rs

A district court denied the U.S. Army Corps of Engineer's motion to transfer to the U.S. District Court of Delaware various claims filed against it by environmental groups and the New Jersey Department of Environmental Protection arising out of the Corps' plan to deepen 102 miles of the Delaware Riv...

Hartford Accident & Indem. Co. v. Doe Run Resources Corp.

A district court denied an insurer's partial motion for summary judgment on claims that it must indemnify a lead smelter in an underlying lawsuit concerning bodily injury and property damage arising out of the smelter's operations near Herculaneum, Missouri. The insurer argued that coverage is barre...

Public Water Supply Dist. No. 3 v. Lebanon, City of

The Eight Circuit affirmed in part and reversed in part a lower court decision granting summary judgment in favor of a city accused of illegally providing water and sewer services to customers within a nearby water district's boundaries. In 2007, the USDA granted the water district a $2 million loan...

Native Village of Point Hope v. Salazar

The Ninth Circuit, in a memorandum opinion, ruled that the Minerals Management Service (MMS) complied with NEPA and the Outer Continental Shelf Lands Act (OCSLA) in approving oil companies' plans for exploratory drilling in the Beaufort and Chukchi Seas, Alaska. Petitioners claimed that there are mu...