An Illinois appellate court held that the Illinois Pollution Control Board erred when it upheld the state environmental agency's decision to reissue NPDES permits for three large water reclamation plants in the Chicago area. Petitioners argued that the permits fail to include conditions ensuring tha...
The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First, EPA did not act arbitrarily and capriciously when it disapprove...
The Washington Supreme Court held that a local initiative to create a "Community Bill of Rights" which, among other things, would give the Spokane River its own water rights, including the rights to sustainable recharge, sufficient flows to support native fish, and clean water, may not be placed on ...
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A New Jersey appellate court, in an unpublished opinion, reversed and remanded portions of a lower court summary judgment against a corporation, its principal, and a general partnership for costs related to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The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...
A district court held that an individual may go forward with her toxic tort claims against the successor to a manufacturing company that released trichloroethylene (TCE) into the environment near her childhood home. The plaintiff alleges she was exposed to the TCE, which caused her to develop severa...