New York’s highest court affirmed a lower court decision that denied petitioners, who own and operate a hydroelectric dam, a CPLR article 78 petition in the nature of prohibition to prevent the New York State Department of Environmental Conservation (DEC) from bringing an administrative enforc...

The First Circuit vacated a lower court decision that denied class certification to property owners in their action against the owners and operators of a barge that discharged a substantial amount of oil into a Massachusetts bay. The court held that, although the lower court’s fact finding was...

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused mine inspectors to issue baseless citations to the operator. As a ...

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused mine inspectors to issue baseless citations to the operator. As a prelimin...

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 ...

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 ...

The Ninth Circuit affirmed a lower court’s grant of summary judgment in favor of an insurance company in an action under CERCLA and the California Hazardous Substance Account Act to recover response costs and other damages related to the cleanup of contamination. Appellants, who had inherited ...

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 ...

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...

The Ninth Circuit affirmed a corporate officer’s conviction under RCRA relating to the illegal storage of hazardous waste. The officer argued that the United States could charge and obtain a conviction against the corporation or him, but not both. The court disagreed. Both the corporation and ...