The court removes the New York Superfund disposal tax—Environmental Conservation Law §27-0923(2)—from its statutory financing scheme for the cleanup of inactive hazardous waste disposal sites. The courts below have already held, and the state does not contest, that the disposal tax unlawfully d...

The court grants a local water authority's motion to intervene in a case brought by environmental groups challenging the validity of the U.S. Fish and Wildlife Service's biological opinion concerning the coordinated operation of the federally managed Central Valley Project (CVP) and California's Sta...

The court affirms the dismissal of individuals' state-law counterclaims against a gasoline company that was suing them under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) for contamination at a service station. A ...

The court vacates and remands a lower court decision upholding a state university's approval of an environmental impact report prepared in connection with plans to expand its campus on a former army base. Although the university agrees to mitigate effects occurring on the campus itself, it disclaims...

The court upheld an interlocutory order joining a city as a third-party defendant in an environmental group's 14-year-old Clean Water Act (CWA) action against a county, but certified to the New York Court of Appeals questions concerning the county's condemnation power. Parties to the underlying CWA ...

A court upheld a lower court decision ordering the state wildlife conservation board to set aside its approval of a project involving the conversion of agricultural land into wildlife habitat as categorically exempt from the California Environmental Quality Act (CEQA). Despite the intended beneficia...

The court held that a local ordinance that forbids any new oil and gas drilling within 1,000 feet of a lake is "preempted" by state law rather than "invalid." As explained by a prior panel of the court, a state statute expressly prohibits local political subdivisions from interfering with the drilli...

The court held that the U.S. Bureau of Reclamation did not breach its repayment contract with a municipal water district concerning a water reclamation project on the Ventura River in California when it required the district to build a $9.1 million fish passage facility and to relinquish a portion o...

An appellate court upheld a $2 million jury verdict against a pulp and paper mill for the impact its discharges into Pigeon River, North Carolina, had on property owners. The lower court did not err in certifying the lawsuit as a class action. Common issues of law and fact predominate, and the uniqu...

A district court denied the U.S. motion to dismiss residents' consolidated claims for damages stemming from the devastating flooding that occurred in New Orleans after Hurricane Katrina. The residents argued that the damage was the foreseeable consequence of at least two defective conditions known b...