A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...
A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmental revie...
A California appellate court affirmed a lower court’s issuance of a writ of mandate directing the city of Watsonville to, among other things, set aside its certification of a final environmental impact report (EIR) and its approval of a plan to develop a residential area in an area located adj...
In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA). The U.S. Co...
The Ninth Circuit affirmed in part and vacated in part a lower court decision related to the United States’ effort to recoup under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Settlement Act) excess diversions of water that an irrigation district permitted over man...
The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...
The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...
The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the land trust and transferred to the trust title to certain lands that...
The Federal Circuit held that landowners seeking compensation for the alleged taking of their respective reversionary property interests under the National Trail Systems Act were permitted to opt in to a class action lawsuit against the government. The landowners alleged that the conversion of a rai...
A district court denied the U.S. Army Corps of Engineer's motion to transfer to the U.S. District Court of Delaware various claims filed against it by environmental groups and the New Jersey Department of Environmental Protection arising out of the Corps' plan to deepen 102 miles of the Delaware Riv...