The Virginia Supreme Court held that an environmental group has standing to appeal the State Water Control Board's approval of a wastewater discharge permit affecting the James River. The State Water Control Law authorizes representational standing to a corporate person seeking judicial review of a ...

A California appellate court reversed a lower court decision denying environmental groups' petition challenging a state agency's decision to allow timberland to be converted to a vineyard under the California Environmental Quality Act (CEQA). The agency issued a timber conversion permit to the owner...

A California appellate court upheld the dismissal of a petition challenging a city's decision to adopt a resolution renewing a Central Valley Project water contract with the Bureau of Reclamation. The contract, originally made in 1961, requires the United States to deliver 60,000 acre-feet of Class ...

A California appellate court held that a lower court erred in transferring environmental groups' California Environmental Quality Act claim to another venue. The groups filed suit challenging the certification of an environmental impact report for, and the decision approving the construction of, a t...

A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate commerce to ensure that the state has plenary power within its bor...

A California appellate court reversed in part a lower court decision dismissing a consumer group's complaints against various hotels and retail establishments for secondhand smoke and tobacco exposure. The group alleged that the defendants violated California Proposition 65 by exposing individuals t...

The court held that a lower court properly denied power companies' motions to compel their insurer to pay all past and future defense costs incurred in responding to a federal lawsuit under the Clean Air Act. The underlying claim, brought by the federal government, three states, and several environm...

The court upheld a lower court decision dismissing a developer's appeal of a state administrative order directing him to remedy deficiencies in a dam and an associated detention basin in Naugatuck. The agency commissioner properly acted within his statutory authority in issuing the order. Prior to i...

The court held that a lower court improperly ordered the state wetlands commission to issue an inland wetlands permit to a developer. Although the record lacks substantial evidence to support the commission's denial of the developer's application, approving the application is not, as a matter of law...

The court, in a matter of first impression, held that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act) for damages for the "loss of use" of natural resources adversely affected by its discharge of hazardous substances. The case arose after the stat...