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CREED-21 v. City of San Diego

A California appellate court ordered the dismissal of an environmental group's California Environmental Quality Act (CEQA) lawsuit against a city in connection with emergency storm drain repair and revegetation projects. Following a storm drain failure in 2009 that caused significant erosion along a...

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility trespassed beneath its property, but the jury returned a verdict in the ...

RENEW Wisconsin v. Public Service Comm'n of Wisconsin

A Wisconsin court remanded to the state utility commission two components of a 2013 order involving the state's distributed generation tariff for customer-owned generation, i.e., net metering customers. The tariff applies to customers who self-generate energy and compensates them for energy injected...

State ex rel. Morrison v. Beck Energy Corp.

The Ohio Supreme Court held that a city may not restrict oil and gas drilling within its borders. The city sought to enforce five local ordinances limiting drilling within its borders after an energy company had already obtained the necessary state permits. The ordinances, however, conflict with sta...

Commonwealth v. Spangler

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA). The property became contaminated after a...

Morristown Assocs. v. Grant Oil Co.

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). The case arose after a commercial property owner sought to ...

Association des Éleveurs de Canards et D'Oies du Quebec v. Harris

A district court struck down California's sales ban on foie gras—a delicacy made from fattened duck liver. Foie gras producers and sellers argued that the federal Poultry Products Inspection Act (PPIA) preempts the ban, Cal. Health & Safety Code §25982, and the court agreed. The PPIA expressl...