The Supreme Court of Wisconsin upheld the state environmental agency's decision to issue a permit to a town for a municipal well. Two groups challenged the agency's decision to issue the permit without considering the well's potential impact on nearby Lake Beulah, a navigable water. A circuit c...
A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs argued that a voluntary remand to the agency is only appropriate where either there have been intervening...
A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without completing an EIS. The Corps' finding that the chosen site was the least environmentally damaging prac...
A California appellate court dismissed a mobile home park owner's complaint challenging a city's environmental impact report (EIR) for a planned railroad grade separation project under the California Environmental Quality Act (CEQA). Below, the county transportation authority intervened in the ...
A California appellate court held that an insurance company has no duty to defend or indemnify a cosmetics company in an underlying action alleging that it violated Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act. The Proposition 65 claim being asserted against the compa...
A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST. The evidence was legally sufficient to show that the gasoline migrated from the store's property to the plai...
A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site. The purchasers learned that the landfill was a Superfund site shortly after closin...
California's highest court upheld a regional water board's issuance of a NPDES permit authorizing a power plant to draw cooling water from an adjacent harbor and slough. An environmental group filed suit, claiming that the permit did not satisfy the "best technology available" requirement of CWA...