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Paterson, City of v. Passaic County Bd. of Chosen Freeholders

The court holds that a local utilities authority was not authorized under the New Jersey Municipal and Counties Utilities Authorities Law (MCUAL) to charge prior users of the authority's waste disposal facilities an environmental investment credit (EIC). The authority imposed the EIC in order to liq...

Illinois v. Grigoleit Co.

The court holds on motions for summary judgment that a manufacturer and a newspaper company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for allowing a landowner to dispose of their waste on his property without a permit. The court first holds t...

Johnson v. James Langley Operating Co.

The court reverses and remands a district court decision that landowners who sued oil companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit did not incur response costs in acting to contain a proven release of hazardous substances. The court fist holds th...

Kalamazoo River Study Group v. Menasha Corp.

The court reverses a district court decision granting summary judgment in favor of two corporations in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by a paper manufacturers' association seeking contribution for costs incurred in the investigation an...

Tomlinson v. Alameda, County of

A California appellate court held that a subdivision development project is not exempt from environmental review under the California Environmental Quality Act (CEQA). The county deemed the project exempt from CEQA under the categorical exemption for in-fill development. But the proposed subdivision...

KB Home Ind., Inc. v. Rockville TBD Corp.

An Indiana appellate court held that the economic loss doctrine does not preclude a property owner from pursuing negligence claims against a company that previously operated a manufacturing site on adjacent property. If a plaintiff is not seeking damages involving the benefit of the bargain or other...

Curd v. Mosaic Fertilizer, LLC

The Florida Supreme Court held that commercial fishermen can recover for economic losses caused by the negligent release of pollutants even if they do not own any property damaged by that pollution. The case arose after waste from a fertilizer company entered a pond, resulting in a loss of underwate...

Santee, City of v. San Diego, County of

A California appellate court held that a siting agreement between a county and the state corrections department that identified potential locations for a state prison reentry facility is not subject to environmental review under the California Environmental Quality Act (CEQA). The agreement was not ...

Hines v. California Coastal Comm'n

A California appellate court denied a petition challenging a county board's approval of a coastal permit to construct a single-family home within the county's 100-foot riparian corridor setback. The board did not abuse its discretion in approving the permits for the project, allowing the development...

Ten Local Citizen Group v. New England Wind

Massachusetts' highest court affirmed a lower court decision upholding a state environmental commissioner' conclusion that a proposed wind farm project complied with the state's Wetlands Protection Act. The project will require certain streams to be bridged using open footed culverts. These culverts...