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United States v. Sunoco, Inc.

A district court held that under Pennsylvania law, a property owner that agreed to hold the seller harmless for environmental claims does not become a successor to the seller's environmental liabilities. In a settlement agreement between the current and prior owners, the current owner promised to co...

In re Howard

The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines. The Federal Mine Safety and Health Act of 1977 authorizes the Secretary to promulgate mandatory air quality st...

Longleaf Energy Assocs., LLC v. Friends of the Chattahoochee

A Georgia appellate court reversed a lower court decision invalidating a state environmental agency air quality permit allowing an energy company to construct a pulverized coal-fired electric power plant in southern Georgia. The lower court ruled that the permit violated the CAA and the Georgia Air ...

American Forest Resource Council v. Caswell

A district court ruled that BLM, which entered into a settlement agreement concerning its management of federal forests in the northwestern United States, did not violate that agreement by promulgating a revised resource management plan without initiating consultation with FWS or NOAA about the plan...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an action pending before the North Carolina Office of Administrative...

Greater Yellowstone Coalition v. Tidwell

The Tenth Circuit upheld a lower court decision denying a petition for review of the U.S. Forest Service's determination not to undertake an EA of certain elk feedgrounds located on federal lands in Wyoming. Each winter the state of Wyoming feeds approximately 13,000 elk at 22 designated feedgrounds...

Godoy v. E.I. du Pont de Nemours & Co.

The Wisconsin Supreme Court affirmed a lower court decision dismissing an individual's defective design claims against manufacturers of white lead carbonate pigment, a substance once used commonly in household paint. A claim for defective design cannot be maintained where, as here, the presence of l...

Employers Ins. of Wausau v. Neal Feay Co.

A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the company's metal anodizing facility. The insurance policy excluded co...

Habitat Trust for Wildlife v. Rancho Cucamonga, City of

A California appellate court upheld a lower court decision denying an environmental group's petition seeking to force a city to set aside a resolution determining that the group is not a qualified conservation entity, thereby preventing the group from receiving mitigation lands under the California ...

Anderson v. Badger, Town of

The Supreme Court of South Dakota held that a town had the power to waive the distance requirements set forth in a county ordinance regulating the location of concentrated animal feeding operations (CAFOs). Several residents filed suit challenging the town's power to execute such a waiver. They argu...