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Ebbetts Pass Forest Watch v. California Dep't of Forestry & Fire Protection

A California appellate court held that environmental groups were not entitled to attorneys fees in an underlying suit challenging the state forestry departments' approval of three timber harvest plans for logging in Tuolumne County. The groups argued that the department had not followed the law in a...

State v. Howe Cleaners, Inc.

The Vermont Supreme Court affirmed a lower court decision dismissing the state's attempt to hold prior and past owners liable for its costs of responding to and cleaning up a hazardous waste contamination site. The state failed to demonstrate that the trial court erred in dismissing its common law p...

Sheffield v. Fort Thomas, City of

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Northern Int'l Remail & Express Co. v. Robbins

A New Jersey appellate court held that liability under the New Jersey Spill Compensation and Control Act is not imposed if a party's only link to the discharge is through the passive migration of pre-existing contamination. Accordingly, the court affirmed a lower court decision dismissing a property...

American Trucking Ass'ns v Los Angeles, City of

A district court upheld a "Clean Air Action Plan" adopted by a California port designed, among other things, to reduce emissions related to port operations, including emissions from heavily polluting trucks. A trucking association argued that the program was preempted by the Federal Aviation Adminis...

Cook v. Rockwell Int'l Corp.

The Sixth Circuit affirmed in part and reversed in part a lower court decision rejecting claims that several city ordinances aimed at controlling deer populations violate the U.S. and Kentucky Constitutions and are preempted by state statutes and administrative regulations. The lower court erred in ...

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd.

Massachusetts' highest court upheld a Massachusetts Energy Facilities Siting Board decision approving a power company's petition to build and operate two electric transmission lines to connect a proposed offshore wind-powered energy generating facility to the regional electric power grid. The power ...

Association of Am. RRs. v. South Coast Air Quality Management

The Ninth Circuit held that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts three local government agency rules aimed at limiting air pollution from idling trains. The rules have not become a part of California's EPA-approved SIP and, thus, do not have the force and effec...

Wilcox v. Homestake Mining Co.

The Tenth Circuit affirmed a lower court decision dismissing individuals' Price Anderson Act lawsuit against a mining company for injuries allegedly caused by their exposure to radiation from the company's uranium mill in New Mexico. The district court correctly granted summary judgment to the minin...