A New York court dismissed individuals' lawsuit challenging the legality of New York's participation in the Regional Greenhouse Gas Initiative (RGGI), a regional cap-and-trade plan for carbon dioxide (CO2) emissions. The individuals claimed they had standing because, as electric utility ratepaye...

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...

The Ninth Circuit upheld the constitutionality of Hawaii's regulation of commercial weddings on the state's unencumbered beaches in all respects but one. A pastor and wedding planning companies filed suit against the state's Department of Land and Natural Resources (DLNR) alleging that its permit re...

The Michigan Supreme Court held that under the state's Natural Resources and Environmental Protection Act (NREPA), a municipality can be held responsible for, and required to prevent, a discharge of raw sewage that originates within its borders, even when the raw sewage is discharged by a privat...

A California appellate court held that the California Coastal Commission exceeded its jurisdiction when it approved amendments to a city's certified local coastal program at the request of state agencies and over the objection of the city. The proposed amendments would override the city's local land...

A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the residents learned that the proposed defendants participated in t...

A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany the new homes. Because the docks would be designed for the private, noncommercial use of the owners of...

The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause. The pollution exclusion clause excluded coverage for losses resulting from "pollutants," which the polic...

A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...

A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In order ...