The D.C. Circuit dismissed petitions for review challenging agreements between the U.S. Environmental Protection Agency (EPA) and animal feeding operations designed to bring the facilities into compliance with Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act, and ...
A New York appellate court affirmed a lower court decision dismissing claims filed by the owner of a vehicle scrap yard against the state environmental agency for ordering it to cease operations. Substantial evidence supports the determination that the owner violated the New York State Navigation La...
The Eighth Circuit reversed and remanded a lower court's grant of summary judgment in favor of the U.S. Department of Transportation on a city's claims that the agency insufficiently considered the economic and environmental impact of a sound wall in violation of the National Environmental Policy Ac...
The Supreme Court of California reversed a lower court's grant of summary judgment in favor of an importer that sells athletic shoes made from kangaroo leather. The case arose after an animal rights group filed suit against the importer for violating California Penal Code §653o, which prohibits...
A district court remanded to state court a New Jersey Department of Environmental Protection lawsuit against a manufacturing company in which it seeks reimbursement of cleanup and removal costs and damages incurred at the Woodland Dump site. The agency filed suit under the New Jersey Spill Act and N...
The Federal Claims Court held that the U.S. Department of Energy (DOE) must pay two nuclear utilities over $77 million in damages for failing to commence performance of its contract to accept, transport, and dispose of the utilities' spent nuclear fuel. Under the contract, DOE was to start accepting...
A Wisconsin appellate court held that a lower court erred in dismissing insurers from a property owner's breach of contract claim against the former owner of the property for environmental contamination. As part of the sales contract between the former and current owners, the former owner warranted ...
The Michigan Supreme Court affirmed in part and reversed in part a lower court ruling that environmental groups have standing to bring a claim against a bottled water company under the Michigan Environmental Protection Act (MEPA) for allegedly damaging certain streams, lakes, and wetlands. Case law ...
A district court held that the U.S. Army Corps of Engineers' (the Corps') final supplemental environmental impact statement (FSEIS), designed to avoid jeopardy to the endangered Cape Sable seaside sparrow in the Everglades National Park in connection with a water and flood control project in souther...
A district court held that a plaintiff's failure to join a city in its action against intermediate owners of a cast aluminum manufacturing facility did not warrant dismissal of the case. Upon learning of environmental contamination of the facility, the city acquired the facility and ordered the past...