The court affirms a district court holding that the Clean Air Act (CAA) does not preempt California's ban of the use of methyl tertiary butyl ether (MTBE) in oxygenated fuel. CAA §211(c)(4)(A) preempts state regulation of fuel for purposes of motor vehicle emissions, but California is exempt fr...

The court holds that a local coastal erosion board's issuance of a positive declaration under the New York State Environmental Quality Review Act (SEQRA) requiring oceanfront property owners to conduct a draft environmental impact statement (EIS) in connection with their proposal to install erosion ...

The court holds that New York City's sanitation department took a requisite "hard look" under the State Environmental Quality Review Act (SEQRA) and reasonably concluded that its 1999 waste plan requiring diesel-powered sanitation trucks to transport waste from New York City to facilities in New Jer...

The court holds that in a contract dispute over the responsibility for pollution cleanup beneath a gas station, withholding assertion of a nonfrivolous claim in reliance on an agreement waiving a statute-of-limitations defense constitutes sufficient consideration under Nevada law. The current owner ...

The court holds that under New York law, an insurer has no duty to defend a manufacturing company for environmental claims arising from gradual pollution under two insurance policies issued in 1973 and 1976. The gradual pollution clauses contained an exclusion for property damage resulting from poll...

The court grants a partial rehearing to clarify its views on the required burden of proof in environmental pollution cases, which remains proof by a preponderance of the evidence. An oil company that sought rehearing argued that language in the court's previous opinion stated that damage to an aquif...

The court held that a 2002 U.S. Environmental Protection Agency (EPA) rule specifying that Nevada was divided into more than 250 baseline areas for the Clean Air Act (CAA) prevention of significant deterioration (PSD) program was not arbitrary or capricious. Based on an ambiguous 1991 EPA regulation...

The court dismisses on ripeness grounds U.S. and Native American tribes' request to clarify the nature and scope of tribal water rights in Oregon’s Klamath Basin and to assess the water rights standard set forth in a state administrative adjudication. Prior litigation in this dispute establishe...

The court upholds the dismissal of a property owner's inverse condemnation action against the state of Rhode Island for acquiring a portion of his property in 1975 by adverse possession. Because the owner failed to seek compensation through the state court, he forfeited his federal claim. Adequate s...

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the Supremacy Clause of the U.S. Constitution. Section 66-k requires the assessment of an air pollution mitigation offs...