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Living Rivers v. U.S. Oil Sands, Inc.
The Supreme Court of Utah dismissed an environmental group's lawsuit challenging the state's issuance of a discharge permit for a tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008. In 2011, the Utah...
Lubbock, Texas v. Coyote Lake Ranch, LLC
A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's property. The city owns the groundwater rights under the landowner's property, and in 2012 it proposed a well ...
Hughes v. Treadwell
The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed. Despite mining associations' arguments to the contrary, the "Bristol B...
CTS Corp. v. Waldburger
The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged groundwater contamination stemming from chemicals stored on property the company sold 24 years ago. The company argu...
Coal River Energy, LLC v. Jewell
The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they produce by mining. The regulation requires mine operators to pay the reclamation fee when the coal is ult...
September 11 Litigation
The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and less...
Shell Oil Co. v. United States
The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that promise...