Virginia Uranium v. McAuliffe
A district court dismissed a uranium company's lawsuit that the Atomic Energy Act (AEA) preempts a Virginia law that prohibits any state agency from accepting applications for a permit to mine uranium. The company filed suit against the governor, two cabinet members, and various officials affiliated...
Coal River Mountain Watch v. United States Department of the Interior
A district court denied DOI's motion to dismiss an environmental group's lawsuit challenging OSM's determination that a surface mining permit could not be automatically terminated without first providing notice to the permit holder. SMCRA provides that certain mining permits will be terminated if th...
Morristown Assocs. v. Grant Oil Co.
In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...
Graham v. Consolidated Coal Co.
A district court dismissed property owners' lawsuit against a mining company for unlawfully diverting excess wastewater into underground mine voids located beneath their land. Although the owners filed suit after the statute-of-limitations period expired, the owners argued that CERCLA's discovery ru...