Bair v. California Department of Transportation
A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park. Environmental groups challenged the project under NEPA, the Department of Transportation Act, the Wild and Scenic Rive...
Baity v. General Electric Co.
A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an industrial plant formerly operated by the company. The court properly d...
Missoula v. Montana Department of Transportation
A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state to the Canadian border for use in tar sand and mining production in Alberta. The agency conducted an EA u...
Save the Plastic Bag Coalition v. City of Manhattan Beach
California's highest court reversed a lower court decision that a city needed to prepare an environmental impact report (EIR) for a local ordinance banning the use of plastic bags by local businesses. The court agreed that the plaintiff, a coalition of plastic bag manufacturers and distributors, had...
Lake Beulah Management District v. Wisconsin Department of Natural Resources
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...
Del Cerro Mobile Estates v. City of Placentia
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 ...
SPS Ltd. Partnership, LLLP v. Severstal Sparrows Point, LLC
A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs. The complaint contains factual ...
Ulta Salon, Cosmetics & Fragrance, Inc. v. Travelers Property Casualty Co. of America
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...