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Richmond Am. Homes of Colo., Inc. v. United States

The court held that the U.S. Air Force was liable to homebuilders who had cleaned up asbestos contamination at the former Lowry Air Force Base in Denver. The homebuilders didn't discover the asbestos until after they purchased the former base property. When the Air Force refused to clean up the asbe...

Sierra Club v. Delaware Dep't of Natural Resources & Envtl. Control

The court upheld the dismissal of an environmental group's lawsuit against a state agency and its officials seeking to enjoin the agency from conducting dredging operations in a canal until it complies with an earlier order by the state environmental appeals board remanding a dredging permit for a p...

Action Marine, Inc. v. Continental Carbon, Inc.

The court affirmed a lower court decision denying a manufacturing plant's post-trial motion for judgment as a matter of law in a case involving the plant's alleged emission of "carbon black" into the air that darkened property owners' property. After a 10-day trial, the jury returned a verdict in fa...

Andrews v. Amherst, Town of

A court upheld a town's right to regulate development through zoning that prevents development in flood plains. Landowners filed suit against the town after their property was rezoned from a light industrial zone to a flood-prone conservancy zone. A state land court ruled that the town's action was ...

Feduniak v. California Coastal Comm'n

A California appellate court held that the doctrine of equitable estoppel does not bar the California Coastal Commission from ordering homeowners to remove a private three-hole golf course from around their house and to restore the area to its native sand dune vegetation. The property was burdened b...

Citizens for a Megaplex-Free Alameda v. Alameda, City of

A California court upheld the dismissal of a petition under the California Environmental Quality Act (CEQA) challenging a city's approval of a redevelopment project involving both the rehabilitation of a historic theater and the construction of an adjacent multi-screen cineplex and parking structure...

Environmental Defense v. Duke Energy Corp.

The Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) regulations. The CAA's PSD and new source performance standards (NSPS) provisions both cove...

Nilsson v. Department of Envtl. Protection of N.Y.

New York's highest court ordered the modification of a lower court decision reversing a local agency's denial of a landowner's request for a variance to build an underground sewage treatment system within the New York City watershed. The agency denied the variance application because the landowner f...

Rockstead v. Crystal Lake, City of

The Seventh Circuit upheld the dismissal of landowners' takings claim against a city for allowing their land to become flooded due to city-owned stormwater detention ponds and a wastewater treatment facility. The flooding transformed their land from farmland to wetlands. The landowners filed an inve...

San Joaquin Raptor Rescue Ctr. v. Merced, County of

A California appellate court held that a county board's certification of an environmental impact report (EIR) and approval of a conditional use permit (CUP) regarding a proposed expansion of a mining operation violated the California Environmental Quality Act. The EIR was inadequate in several respe...