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Save Strawberry Canyon v. Energy Dep't

A district court preliminarily enjoined the construction of a $113 million computer center in Berkeley, California. A citizens group raised serious questions going to the merits of its claim that the project is a "major federal action" under the National Environmental Policy Act (NEPA). Moreover, ir...

Scott v. E.I. du Pont de Nemours & Co.

A district court presiding over a group of residents' class action lawsuit against a manufacturer for allegedly contaminating water supplies dismissed an individual's New Jersey Environmental Rights Act (ERA) claim against the company for failure to provide notice. A plaintiff seeking to bring a cla...

Appalachian Voices v. State Corp. Comm'n

The Virginia Supreme Court upheld the constitutionality of Virginia Code §56-585.1(A)(6), a provision of the state's utility law that requires coal-fired power plants to use Virginia coal. Environmental groups, challenging the state's approval of the construction of a coal-fired power plant, ar...

Federal Maritime Comm'n v. Los Angeles, City of

A district court denied the Federal Maritime Commission's (FMC's) motion to preliminarily enjoin portions of the Port of Los Angeles' and the Port of Long Beach's clean truck programs, which are aimed at reducing the air pollution caused by the trucks used to transport cargo to and from the ports. T...

North Idaho Community Action v. Hoffman

A district court denied environmental groups' motion to enjoin the U.S. Army Corps of Engineers from authorizing and/or commencing any dredge and fill activities related to the construction of a byway project in Sandpoint, Idaho. The groups argued that the Corps improperly failed to consider and sel...

Strother v. California Coastal Comm'n

A California appellate court reversed a lower court decision dismissing residents' motion challenging the California Coastal Commission's approval of coastal development permits for two unimproved residential lots. The case involves apparently inconsistent sections of the California Environmental Qu...

Natural Resources Defense Council v. Federal Aviation Admin.

The Second Circuit denied a petition for review of an Federal Aviation Administration (FAA) order approving the relocation of the Panama City-Bay County International Airport to a new site in Florida. The FAA complied with the National Environmental Policy Act's procedural requirements in evaluating...

Attorney Gen. of Okla. v. Tyson Foods, Inc.

The Tenth Circuit upheld a lower court decision denying Oklahoma's motion to preliminarily enjoin a food producer from disposing of poultry waste on lands within the Illinois River watershed. The lower court ruled that Oklahoma failed to establish a causal link between the land application of poultr...

Abdur-Rahman v. Walker

The Eleventh Circuit upheld the dismissal of former county water inspectors' 42 U.S.C. §1983 and First Amendment claims against their employer for unlawfully firing them. The inspectors alleged they were fired in retaliation for reporting concerns about the counties' compliance with the Clean W...

In re Natural Gas Royalties Qui Tam Litig.

The Tenth Circuit reversed a lower court decision dismissing a number of qui tam suits filed against natural gas pipeline companies and their affiliates for alleged underpayment of royalties in violation of the False Claims Act. The individual relator who filed the suits alleged that the companies u...