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Paterson, City of v. Passaic County Bd. of Chosen Freeholders

The court holds that a local utilities authority was not authorized under the New Jersey Municipal and Counties Utilities Authorities Law (MCUAL) to charge prior users of the authority's waste disposal facilities an environmental investment credit (EIC). The authority imposed the EIC in order to liq...

L.C. Dev. Co. v. Lincoln County

The court holds that a county in Missouri can regulate the location of solid waste facilities. A development company challenged a county regulation that prohibits the location of a sanitary landfill within one-quarter mile of any occupied dwelling. A trial court denied the company's motion for summa...

Shawnee Trail Conservancy v. Department of Agric.

The court upholds a district court dismissal for lack of subject matter jurisdiction of recreational groups' claims that the U.S. Forest Service violated the U.S. Constitution and the Administrative Procedure Act (APA) when it designated certain areas of the Shawnee National Forest as Research Natur...

Miccosukee Tribe of Indians of Fla. v. Corps of Eng'rs

The Eleventh Circuit upheld a lower court decision dismissing for lack of subject matter jurisdiction two lawsuits filed by a Native American tribe challenging the U.S. Army Corps of Engineers' plans to replace a mile of the ground-level Tamiami Trail (U.S. Highway 41) with a bridge to increase the ...

Wilderness Soc'y, Inc. v. Rey

The Ninth Circuit dismissed environmental groups' claims against the U.S. Forest Service challenging revisions it made to regulations implementing the Forest Service Decisionmaking and Appeals Reform Act (ARA). The revisions limit the scope and availability of notice, comment, and appeals procedures...

Agee v. Monsanto Co.

A district court granted an individual's motion to remand to state court her personal injury lawsuit against a chemical company and its successors for damages stemming from the unlawful disposal of dioxin and furan waste at a chemical plant in Nitro, West Virginia. She alleges that her exposure to t...

State v. Carroll

The court holds that the doctrine of res judicata does not bar landowners' third-party state-law contribution and indemnification claim against a neighboring company for cleanup costs the state incurred in its efforts to remedy petroleum contamination on the landowners' property. The company previou...

Mancuso v. Consolidated Edison Co. of N.Y.

The court dismisses an individual's Clean Water Act (CWA) citizen suit against an electricity company for lack of standing. The individual claimed that a company violated the CWA by discharging pollutants into Echo Bay, New York. The court first holds that although the individual's amended interroga...

Sierra Club v. Department of Energy

The court dismisses on ripeness grounds an environmental group's claim that the U.S. Department of Energy and the U.S. Army Corps of Engineers violated the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, and Executive Order No. 11990 with respect to the proposed e...

National Coalition to Save Our Mall v. Norton

The court holds that it lacks subject matter jurisdiction over a coalition's claims that federal agencies violated a variety of statutes, including the National Environmental Policy Act and the National Historic Preservation Act, in approving the design and construction of a World War II Memorial on...