The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...

The court holds that an insurer does not have the duty to defend a policyholder against a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim where evidence of the policies' existence is available, but where evidence of the policies' terms was not presented despite a...

The court holds that the U.S. Environmental Protection Agency (EPA or the Agency) failed to justify application of its toxicity characteristic rule to mineral processing and electric utility wastes, and remands portions of the rule to the Agency for further proceedings. In the Resource Conservation ...

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

A district court denies property owners' motions to sanction the U.S. Department of Energy (DOE) for violating discovery orders in the owners' toxic-tort suit against DOE contractors that operate the Rocky Flats nuclear weapons production facility. The court also denies, for the most part, the contr...

The court holds that most of the final environmental impact statement (EIS) for a proposed highway realignment through Hatton Canyon near Carmel-by-the-Sea in California satisfies the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The court then address...

A Minnesota appellate court upheld an EIS for a steel plant against claims that it failed to address the impact of greenhouse gas emissions, climate change, and power generation. The environmental group's claims that the state environmental agency failed to consider the impacts of greenhouse gas emi...

A district court held that evidence of an oil company's conduct presented at a trial concerning methyl tertiary butyl ether (MTBE) groundwater contamination in New York is insufficient as a matter of law to establish the degree of maliciousness, recklessness, or wanton conduct to support an award of...

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer. The owners, who began experiencing various health problems after living in the home for six years, ...

The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...