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Sharpsmart v. Smith

The Ninth Circuit upheld a preliminary injunction enjoining California Department of Public Health officials from enforcing the California Medical Waste Management Act (MWMA) against a medical waste facility with regard to how it disposes of medical waste at facilities outside the state. The facilit...

Arch Coal, Inc. v. Acosta

The D.C. Circuit held that a mining company must exhaust its administrative remedies before it can challenge potential claims filed against it under the Black Lung Benefits Act (BLBA). The BLBA grants coal miners the right to monthly benefits payments from a former employer in the event they suffer ...

M.L. Johnson Family Properties, LLC v. Zinke

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining. Nevertheless, th...

B&R Resources, LLC v. Department of Environmental Protection

A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state environmental agency issued an administrative order requiring th...

New Jersey DEP v. Exxon Mobil Corp.

The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9 billion. In a settlement agreement, the New Jersey Department of Envi...