A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it co...
The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone River Compact. The Compact protects pre-1950 appropriative rights to...
The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9 billion. In a settlement agreement, the New Jersey Department of Envi...
A Pennsylvania court affirmed a lower court decision dismissing residents' and an environmental group's lawsuit challenging the construction of a natural gas pipeline through a suburban township. The plaintiffs argued that a local zoning ordinance prohibits the construction of hazardous gas and liqu...
The D.C. Circuit held that EPA unlawfully revoked the 1997 ozone NAAQS when it implemented the 2008 standard. In 2008, EPA set the ozone NAAQS at 75 parts per billion (ppb). In 2015, when implementing the standard, the Agency eliminated the 1997 standard of 84 ppb on the grounds that it was impossib...
A district court held that EPA failed to act when it did not rule within 60 days on Connecticut's petition concerning upwind pollution. In June 2016, Connecticut filed a petition pursuant to §126(b) of the CAA for EPA to make a finding that Brunner Island is emitting air pollutants that significant...
The D.C. Circuit held that EPA did not violate the CAA by modifying, without notice and comment, its prior understandings of how to measure a proposed transportation project’s impact on ambient levels of particulate matter. In 2006, EPA revised “hot spot" regulations for fine particulate matter....