The D.C. Circuit denied an environmental group's motion to preliminarily enjoin federal tax credits granted to an energy company for using "clean coal" technology at a new power plant. An injunction suspending the allocation of the tax credit will not prevent the company from moving forward with its...

A California appellate court held that environmental groups were not entitled to attorneys fees in an underlying suit challenging the state forestry departments' approval of three timber harvest plans for logging in Tuolumne County. The groups argued that the department had not followed the law in a...

The Eighth Circuit upheld a lower court decision dismissing on jurisdictional grounds environmental groups' claims that FEMA's approval of a levee violated the National Flood Insurance Act (NFIA) and the APA. In essence, the groups were challenging FEMA's flood elevation determination. Accordingly, ...

The Fifth Circuit affirmed a lower court decision remanding to state court residents' class action lawsuit against a chemical company in connection with a chemical release at one of its facilities. The Class Action Fairness Act authorizes federal jurisdiction over class actions where, among other th...

The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to demonstrate that the trial court erred in dismissing its common law p...

A district court held that a research institute must turn over documents relating to its methyl tertiary butyl ether (MTBE) study to one of the plaintiffs in a consolidated multi-district case against several gasoline companies for groundwater contamination stemming from their use of MTBE in gasolin...

A district court held that response costs a Canadian zinc producer incurred pursuant to a settlement agreement with EPA constitute "damages" under its insurance policies. Although the remedial investigation and feasibility study (RI/FS) is not being conducted pursuant to an order from EPA, it is non...

A district court dismissed all but one of the United States' CERCLA claims against several companies for response costs incurred at a hazardous waste site in Rialto, California. Under Federal Rule of Civil Procedure 13(a), the United States should have asserted the claims in a prior 2005 action beca...

A district court held that under Illinois law, an insurer has a duty to defend the former owner of the South Green Plating Superfund site in Chicago, Illinois, in an underlying CERCLA case concerning the reimbursement of U.S. response costs incurred at the site. The government's underlying allegatio...

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...