The Third Circuit affirmed a lower court’s grant of the government’s motion for summary judgment denying appellant’s claim that its environmental cleanup costs qualify for beneficial tax treatment under §1341 of the Internal Revenue Code. A taxpayer’s cleanup expenses do...

On certification from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals held that an open space restriction imposed by a subdivision plat under New York Town Law §276 and filed in the Office of the county clerk pursuant to Real Property Law §334 is enforceable...

A California appellate court reversed a lower court's grant of a peremptory writ of mandamus in favor of an environmental group that set aside defendant city's approval of a housing project subdivision map and that required a focused environmental impact report (EIR) or equivalent analysis to be con...

The Ninth Circuit affirmed dismissal of an action against the U.S. Environmental Protection Agency (EPA) and others under the National Environmental Policy Act (NEPA) in which an environmental group sought injunctive, declaratory, and other relief relating to the preparation of certain environmental...

The D.C. Circuit denied citizen advocacy groups' claim that the Nuclear Regulatory Commission violated the National Environmental Policy Act and the Atomic Energy Act when it granted a license for a new, privately owned facility in New Mexico to produce enriched uranium as fuel for nuclear reactors....

A California appellate court reversed a lower court's denial of a petition for a writ of mandate, which challenged the certification of an environmental impact report (EIR) under the California Environmental Quality Act and the approval of a developer's tentative subdivision tract map in Inyo County...

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the litigation, but reversed fees awarded for the supplemental claims phase. The supplemental phase included plaint...

The Ninth Circuit vacated as moot a dispute concerning the federal government's policy for listing killer whales under the Endangered Species Act. An environmental group filed suit after the National Oceanic and Atmospheric Administration (NOAA)-Fisheries denied its petition to list the Southern Res...

The Tenth Circuit upheld a lower court decision vacating a prior order that set aside a U.S. Forest Service decision revoking a business' permits to operate a lodge and outfitter-guide service. The business sold its property after the permits were revoked but before the lower court issued its order....

The Eighth Circuit affirmed a lower court's decision to abstain from an action seeking a declaration of the rights and obligations of various insurance companies and an oil company with respect to soil contamination surrounding the oil company's refinery in Hartford, Illinois. The lower court correc...