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Summers v. Earth Island Inst.

The U.S. Supreme Court held that environmental groups lack standing to challenge U.S. Forest Service regulations exempting certain land management activities from the agency's review process absent a live dispute over the concrete application of those regulations. The regulations exempt small fire-r...

Otay Land Co. v. United Enters. Ltd.

The Ninth Circuit dismissed as unripe property owner's CERCLA and RCRA claims against the former owners for the costs of removing lead and other pollutants deposited on the land, which had been used as a shooting range. The owner's asserted cleanup costs are speculative and were calculated without r...

Rosemere Neighborhood Ass'n v. EPA

The Ninth Circuit reversed and remanded a lower court decision dismissing a neighborhood association's APA action seeking to compel EPA's Office of Civil Rights (OCR) to act on their complaint that a city failed to properly use EPA funds to address lingering environmental problems in low-income and ...

Provincial Gov't of Marinduque v. Placer Dome, Inc.

The Ninth Circuit reversed and remanded a district court decision dismissing a Philippine island's action claiming that an American company polluted its waters. According to the complaint, Placer Dome severely polluted the lands and waters of Marinduque for some 30 years, caused two cataclysmic envi...

Underwood Livestock, Inc. v. United States

The Court of Federal Claims held that a livestock operator was collaterally estopped from litigating the issue of ownership to a right-of-way, thereby defeating its takings claim against the BLM for dismantling a water diversion structure on federal land and preventing the operator's access to the s...

Native Village of Kivalina v. ExxonMobil Corp.

A district court dismissed an Eskimo village's nuisance claim against 24 oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies are responsible for a substantial portion of the greenhouse gas emissions that are contributing to clim...

Comer v. Murphy Oil USA

The Fifth Circuit reversed a lower court decision dismissing Mississippi residents' class action lawsuit against several energy, fossil fuel, and chemical companies for their alleged contribution to climate change. The residents argued that the companies intentionally and unreasonably used their pro...

Friends of Tims Ford v. Tennessee Valley Auth.

The Sixth Circuit held that a group of residents lacked standing to challenge the TVA's implementation of a land management plan for a nearby reservoir under NEPA and the Tennessee Valley Authority Act. The residents failed to connect the procedural harm alleged in their complaint—the creation of ...

Hartz Mountain Indus., Inc. v. Polo

A court holds that a construction company and an individual lacked standing to challenge a U.S. Army Corps of Engineers' permit allowing a developer to fill waters of the United States in connection with the construction of a mixed-use redevelopment project within the New Jersey Meadowlands in East ...

Natural Resources Defense Council v. EPA

The court dismisses a petition for review challenging a U.S. Environmental Protection Agency (EPA) rule implementing critical use exemptions for methyl bromide, a pesticide with significant ozone-depleting potential. The petitioner argued that EPA violated consensus decisions of the parties to the M...