The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable under the Minnesota Environmental Response and Liability Act (MERLA). Although n...

The Fifth Circuit upheld an EPA rule partially approving and partially disapproving revisions to Texas' SIP concerning civil penalties for excess emissions resulting from startup, shutdown, and malfunction (SSM) activities. Environmental petitioners sought review of EPA's decision to approve a revis...

A Pennsylvania appellate court partially 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 The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonweal...

The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process. The town ove...

A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The district issued to rule to satisfy its federal CAA commitments. A pa...

A California appellate court affirmed a lower court decision denying a petition to vacate the state wildlife board's decision to pay $9.98 million from the California Habitat Conservation Fund to the U.S. Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project. The pe...

The California Supreme Court upheld an air district's technology-forcing rules that limit certain pollution-causing substances in paints and coatings. A paint association argued that the air district failed to show that technology necessary to meet the emissions limits set by the 2002 amendments...

The Montana Supreme Court upheld the state oil and gas board's issuance of 23 gas well permits to an oil company in the area known as the Cedar Creek Anticline, a major geologic feature that extends for nearly 120 miles and is home to various animal species, most notably the sage grouse. Environment...

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...