A district court held that two local ordinances declaring it unlawful for any corporation to engage in mining activities within the township are invalid and void. Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act expressly states that the commonwealth maintains primary jurisdiction...
A California appellate court affirmed a lower court decision upholding two rules adopted by a local air pollution control district designed to encourage developers to reduce indirect pollution, such as mobile source emissions, caused by new development projects. Under the rules, commonly referred to...
The Colorado Supreme Court held that a county has standing to challenge the state environmental agency's issuance of a radioactive materials license and a hazardous waste permit to a private company. Under Colorado's Low-Level Radioactive Waste Act and Hazardous Waste Siting Act, the state agency ma...
New York's highest court overturned a lower court decision annulling a city's State Environmental Quality Review Act (SEQRA) determination regarding a proposed municipal project. An environmental group argued that the EIS was deficient for failing to evaluate possible threats to protected species. T...
The First Circuit affirmed a lower court decision dismissing a case challenging the constitutionality of regulations promulgated by the Rhode Island Department of Environmental Management imposing restrictions on lobster fishing in state waters. A fishermen's association initially brought the case i...
A California appellate court held that a consultant hired by a county to prepare an environmental impact report (EIR) for development project is not liable to the developer for failing to prepare the EIR in a timely fashion. When the EIR was not submitted on time, the county terminated its contract ...
A California appellate court reversed a lower court decision that a local air district's adoption of a rule to reduce airborne dust is exempt from environmental review under the California Environmental Quality Act (CEQA). The rule concerns the use of road paving to offset increases in airborne dust...
The Supreme Court of Tennessee reduced from $1 million to $500,000 a punitive damages award granted to property owners in their nuisance lawsuit against a highway construction company for burying tires and other debris on their land. Evidence supports the jury's award of punitive damages. There are ...
A California appellate court held that a local transportation agency's bus fare increase was statutorily exempt from environmental review under the California Environmental Quality Act (CEQA). Bus riders filed a petition for writ of mandate, arguing that the agency's use of the exemption, which remo...
A California appellate court held that a county was not required to conduct environmental review of a tax measure concerning transportation funding under the California Environmental Quality Act (CEQA) prior to placing it on the general election ballot. The measure imposes a retail sales and use tax...