A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015. Under the statutes—one imposing criminal liability and the other imposing civil—a person will be held liable if he or she: (1)...

A New Jersey appellate court, in an unpublished opinion, reversed and remanded portions of a lower court summary judgment against a corporation, its principal, and a general partnership for costs related to remediation of the site of a former thermometer manufacturing plant. The corporation and the ...

The Pennsylvania Supreme Court held that a natural gas company charged with violating the state's Clean Streams Law may seek preenforcement judicial review of the state environmental agency's interpretation of the statute's penalty provisions. The agency, which has assessed ongoing, multimillion dol...

A New York appellate court upheld a lower court decision invalidating a water sales agreement that would have allowed a town to sell approximately one million gallons per day from its water supply to an energy company for drilling and hydraulic fracturing in Pennsylvania. Despite the town's conclusi...

A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it has ...

The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper. A trucking company filed a petition for review of EPA's nonroad...

The California Supreme Court held that agencies subject to the California Environmental Quality Act (CEQA) generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents. But when a proposed project risks exacerbating those environmenta...

A district court granted in part and denied in part cross-motions for summary judgment in a dispute between a Native American tribe and the state of Maine concerning the tribe's regulatory jurisdiction and fishing rights along the main stem of the Penobscot River. The court agreed with the tribe tha...

The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a). High-ranking government officials may not be deposed or called to test...