A California appellate court affirmed the dismissal of residents' claims against two groups of water purveyors—one regulated by the California Public Utilities Commission (PUC), and the other a group of public entity water suppliers—seeking damages for alleged contamination to their drinking wat...

The court holds that the U.S. Army Corps of Engineers' authorization of a flood control project in the St. Johns Bayou and New Madrid Floodway on the west bank of the Mississippi River violates the Administrative Procedure Act (APA) and enjoined further construction work on the project. Environmenta...

North Carolina's appellate court reversed and remanded a jury's award of $500,000 in compensatory and punitive damages to the owner of a well whose water was contaminated with gasoline due to leaking underground storage tanks at a nearby gasoline station. The trial court failed to instruct the jury ...

The Pennsylvania Superior Court affirmed a lower court’s grant of summary judgment in favor of appellee title insurance company finding that the undisclosed existence of an abandoned septic tank was not a defect in title within the meaning of appellant’s title insurance policy. Title insurance p...

A California appellate court denied a challenge by a group of trade associations to a trial court’s ruling that upheld the listing of two coho salmon populations as endangered and threatened under the California Endangered Species Act (CESA) (Fish & Game Code §§2050 et seq.). Under CESA, spe...

The Ninth Circuit held that a company's federal license allowing it to transport up to 12 passengers in "coastwise trade" off the coast of Maui as part of its parasailing business does not preempt Hawaii law prohibiting parasailing during limited portions of the year to protect mating humpback whale...

The U.S. Supreme Court held that the statute of limitations governing the U.S. Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite the government's waiver of the issue. The case involved a company's claims that various federal activit...

A district court dismissed an environmental group's claim that the Federal Highway Administration (FHwA) violated the National Environmental Policy Act and the Transportation Act in approving an environmental impact statement (EIS) for a new transportation project designed to improve commuting betwe...

The Fourth Circuit upheld the dismissal of a mining corporation's lawsuit challenging the constitutionality of the Maryland Surface Dewatering Act. The Act imposes remedial measures on a licensed miner if a well within its "zone of influence" fails due to declining ground water or if damage was caus...

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...