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Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants affecting the state of California, require ocean-going vessels to ...

United States v. Midwest Generation LLC

A district court dismissed claims that an energy company is responsible for PSD violations at five coal-fired power plants it owns in Illinois. The court previously granted the company's motion to dismiss in 2010, but the United States, Illinois, and several citizen groups filed an amended c...

Emerson Enterprises LLC v. Kenneth Crosby NY LLC

A district court held that the former owner of contaminated property may be held liable under tort and the New York Navigation Law for failing to report or prevent the spread of that contamination. There are triable issues of fact as to whether the owner “caused or contributed to the disc...

Association of Irritated Residents v. California Air Resources Board

A California court ordered the California Air Resources Board (CARB) to set aside its "functional equivalent document" that evaluates the environmental consequences of its climate change scoping plan and to enjoin implementation of the scoping plan until the agency complies with its obligati...

Del-Ray Battery Co. v. Douglas Battery Co.

The Fifth Circuit held that the Superfund Recycling Equity Act (SREA)—an amendment to CERCLA that exempts certain recyclers from liability for cleanup costs under CERCLA and awards costs and fees to any recyclers improperly sued for contribution under CERCLA—does not apply to state-law actions. ...

Sierra Club v. Wyoming Department of Environmental Quality

The Wyoming Supreme Court upheld a state-issued air quality permit authorizing a power plant's construction of a proposed coal-to-liquid facility and an associated underground coal mine. The court rejected an environmental group's claims that the permit fails to consider significant sulfur d...

Robarge v. Tecumseh Products Co.

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case. Adkins, however, was premised...

Veltri v. New York State Office of the Comptroller

A New York appellate court held that a property owner who had no knowledge of a UST on his property when he purchased it and did nothing to contribute to the contamination is nevertheless strictly liable as a discharger and not entitled to reimbursement from the New York Environmental Protec...

Spears v. Chrysler

A district court held that residents' state law tort claims against the former owners of an industrial site should not be dismissed under the "primary jurisdiction" doctrine. The residents filed suit against the former owners for allegedly contaminating their property and persons with toxic,...

Texas v. United States Environmental Protection Agency

The Fifth Circuit granted EPA's request to transfer to the D.C. Circuit Texas' petition for review of the Agency's call for revisions to the state's SIP because its prevention of significant deterioration (PSD) provisions fail to control greenhouse gases. Greenhouse gases have not always bee...