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...

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...

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 ...

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...

A Pennsylvania court held that the state legislature acted within its constitutional authority when it gave itself the power to transfer money out of a special account, funded by oil and gas revenue from state lands, that had been set aside for conservation projects; but that the state's Department ...

The Nebraska Supreme Court upheld state legislation enacted in 2012 that permits major oil pipeline carriers to obtain approval from the governor to exercise the power of eminent domain for building a pipeline—such as the controversial Keystone XL—in Nebraska. A lower court held that the law was...

A California appellate court upheld a lower court decision denying an environmental group's petition challenging a county's approval of a proposed surface mining operation on a 1,500-acre site at the base of the Sierra Nevada foothills. As required by the California Environmental Quality Act, an env...

A district court dismissed four individuals' claims that the emission of hydrogen sulfide (H2S) and sulfur dioxide (SO2) from an oil refinery in Chalmette, Louisiana, caused them a variety of physical and mental damages. The toxic tort case involves 1,836 plaintiffs who allege exposure to H2S and SO...