A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the agenc...

A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...

The D.C. Circuit remanded EPA's NESHAPs for portland cement facilities. While EPA was establishing the NESHAPs, it was simultaneously developing a definition of commercial and industrial solid waste incinerators (CISWI), which would create a separate category of pollutant sources subject to emis...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

A California appellate court reversed and remanded a lower court decision invalidating a settlement agreement between the state and three water and irrigation agencies concerning the intra-state right to water from the Colorado River. In addition to allocating water rights within the state, the sett...

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove metal-...

A district court held that an oil company is liable for property damages caused by its predecessor-in-interest who conducted oil and gas exploration and production activities on the site under three subleases. Article 128 of the Louisiana Mineral Code provides that a sublessee acquires the rights an...