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Town of Westport v. Monsanto Co.

A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention and Response Act claim against the corporate spinoffs of Old Monsanto, the sole manufacturer of PCBs in the United States between 1935 and 1979. After discovering PCBs in some of the area schools, the tow...

Rodriguez v. Secretary of Pennsylvania Department of Environment

The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's ability to obtain information about the mixture of chemical fluids used during hydraulic fracturing when treating patients ...

Kain v. Massachusetts Department of Environmental Protection,

A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (GWSA). The GWSA is a legislative scheme designed to address the effects of climate change in Massachusetts by prom...

Bass Energy v. City of Broadview Heights

An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to protect the public health and general welfare. But the ban is in...

Save the Scenic Santa Ritas v. Darwin

An Arizona court overturned the state's issuance of an air permit for a proposed open-pit copper mine. An environmental group argued that the state's approval of the permit was arbitrary and capricious because the mine has the potential to violate NAAQS. They also claimed that the mine's modeling re...

Natural Resources Defense Council v. U.S. Environmental Protection Agency

The Ninth Circuit denied an environmental group's petition challenging EPA's approval of a revision to California's SIP. The revision provided alternative "not less stringent" controls to what is required in CAA §185's antibacksliding measures, which require that major stationary sources of polluti...

Berkeley Hillside Preservation v. City of Berkeley

The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review under the California Environmental Quality Act (CEQA). After th...