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Friends of Van Cortlandt Park v. New York, City of

The court holds that New York City must obtain state legislative approval before it can build a water filtration plant at a city park. Legislative approval is required when there is a substantial intrusion on parkland for non-park purposes, regardless of whether there has been an outright conveyance...

National Parks & Conservation Ass'n v. Babbitt

The court reverses a district court decision and holds that the U.S. National Park Service (NPS) violated the National Environmental Policy Act when it implemented a vessel management plan (VMP) for the Glacier Bay National Park in Alaska without preparing an environmental impact statement (EIS). Th...

Entergy Arkansas, Inc. v. Nebraska

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...

Friends of Sierra Madre v. Sierra Madre, City of

The court holds that initiative measures generated and placed on the ballot by a public agency are not exempt from the California Environmental Quality Act (CEQA). The city of Sierra Madre enacted a historic preservation ordinance, and several owners of landmarked property claimed that their propert...

Flo-Sun, Inc. v. Kirk

The court dismisses individuals' public nuisance action against sugar companies that allegedly disposed of a chemical byproduct of sugar cane processing by deep well injection. A trial court dismissed the individuals' nuisance claim because the individuals did not exhaust their administrative remedi...

Idaho v. United States

The U.S. Supreme Court holds that the federal government holds title in trust for the Coeur d'Alene Indian Tribe to submerged lands underlying portions of Lake Coeur d'Alene and the St. Joe River in Idaho. The reservation was created by executive order in 1873, but it was never ratified by Congress....

Custer County Action Ass'n v. Garvey

The court holds that the Federal Aviation Administration's (FAA's) and Air National Guard's (ANG's) orders approving the Colorado Airspace Initiative (Initiative) and its underlying environmental impact analysis did not violate the National Environmental Policy Act (NEPA), the Federal Aviation Act, ...

Burrell Indus., Inc. v. Ohio Dep't of Transp.

The court affirms a trial court dismissal of a company's claim under R.C. Chapter 3746—the state voluntary action cleanup law—against the state department of transportation for costs allegedly incurred cleaning up contaminated company property. The court first holds that the company failed to un...

Coalition of Greater Minn. Cities v. Minnesota Pollution Control Agency

A Minnesota appellate court upheld a Minnesota Pollution Control Agency rule governing phosphorus effluent discharges into state waters. A coalition of cities argued that because the rule provides that a discharger "may" rather than "shall" qualify for an exemption if it demonstrates that it can mee...

Ohio River Valley Envtl. Coalition, Inc. v. Salazar

A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory program. Although the goal of the state agency appears to be identica...