The Seventh Circuit held that a lower court should have awarded a real estate firm double damages for harm caused by an oil company during its attempt to clean up pollution at gas stations in Michigan the firm leased to it. The firm filed a breach of contract claim and a waste claim for eight sites ...

A district court denied environmental groups' motions for a temporary restraining order and preliminary injunction to halt the Idaho Department of Fish and Game's wolf trapping and hunting program in the Frank Church-River of No Return Wilderness area. Since December 2013, seven gray wolves have bee...

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline ...

A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria, but for some waters, the criteria are not numeric. EPA then sought to modify the consent decree so that t...

The North Dakota Supreme Court held that the state owns the mineral interests under the shore zone of the Missouri River, which cuts through the oil-rich Bakken Shale region. Under the equal footing doctrine, the state's title to the beds of navigable waters extends from high watermark to high water...

A California appellate court, in an unpublished opinion, upheld San Francisco's ban on the use of plastic "checkout bags" by retail establishments in the city and county. A group of plastic bag manufacturers and distributors filed suit, arguing that the ban violates the California Environmental Qual...

Pennsylvania's highest court struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonwealth. Among ot...

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although the agency is immune from suit, valid inverse condemnation acti...

A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring dry cleaning business. The New Jersey Environmental Rights Act all...

A California appellate court, in an unpublished opinion, dismissed residents' lawsuit challenging a city's decision not to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) for a proposed mixed-use commercial and residential project. The residents mai...