The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...

A California appellate court upheld a county ordinance banning single-use plastic bags and imposing a fee on single-use paper bags against claims that the ordinance was enacted in violation of the California Environmental Quality Act (CEQA). The county determined that the ordinance was categorically...

A Colorado appellate court held that under state law, a trial court may not order plaintiffs in a toxic tort case to present prima facie evidence supporting their claims after initial disclosures, but before full discovery begins, or risk having their case dismissed. The case arose after homeowners ...

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and ocean surges. A city used its power of eminent domain to constru...

Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating their gr...

Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating their gr...

A California appellate court upheld a county's certification of an environmental impact report (EIR) regarding a proposed solar power development. A citizens group argued that the county violated the California Environmental Quality Act when it certified the EIR and approved the project because the ...

The North Carolina Supreme Court held an injured person may not bring a civil action against a defendant under the Sedimentation Pollution Control Act of 1973 (SPCA) when the defendant has received notices of noncompliance but has not been cited for a violation of a relevant law, rule, order, or ero...

The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas (CNG) to cut ahead of gasoline-powered taxis in the queue for picking up passengers at Love Field Airport in Dallas. The ordinance does not create an enforceable sta...

The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...