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Sierra Club. v. Duke Energy Ind., Inc.

A district court held that an environmental group's claims against an electric company for violating PSD requirements before making major modifications to one of its plants are time barred, but it stayed final entry of the judgment pending the ruling of the Seventh Circuit in a similar case. PSD obl...

Waco, City of v. Texas Comm'n on Envtl. Quality

A Texas appellate court affirmed the Texas Commission on Environmental Quality's denial of a city's hearing request concerning a dairy's application for a major amendment to its concentrated animal feed operation permit. The amendment would allow the dairy to expand its dairy head capacity, increase...

Theodore Roosevelt Conservation Partnership v. Salazar

A district court dismissed a hunting and fishing organization's NEPA and FLPMA claims against the BLM challenging its approval of oil and gas operations in the Pinedale Anticline natural gas field in western Wyoming. Claims that the BLM violated FLPMA were dismissed because the record supports the a...

Tomlinson v. Alameda, County of

A California appellate court reversed and remanded a lower court decision that a proposed development project approved by a county was categorically exempt from environmental review under the California Environmental Quality Act (CEQA). The county determined that the categorical exemption for in-fil...

Agee v. Monsanto Co.

A district court granted an individual's motion to remand to state court her personal injury lawsuit against a chemical company and its successors for damages stemming from the unlawful disposal of dioxin and furan waste at a chemical plant in Nitro, West Virginia. She alleges that her exposure to t...

Sierra Club v. Elk Run Coal Co.

A district court denied coal companies' motion to transfer and/or consolidate an environmental group's CWA and SMCRA action against them for surface mine discharges with another case brought by the same group against the two additional companies concerning selenium runoff. The companies contend that...

IFMC Corp. v. American Cyanamid

A district court held that the state of New Jersey waived its right to pursue natural resource damages in its lawsuit against a company concerning groundwater contamination on property located in Franklin Township, New Jersey. The state issued a memorandum in 2001 and wrote a letter in 2003 stating ...

Ash Grove Cement Co. v. Liberty Mut. Ins. Co.

A district court held that a request for information from EPA to a cement company under CERCLA §104(e) constitutes a "suit" under the terms of the company's insurance policies, thereby triggering the insurers' duty to defend. Under the Oregon Environmental Cleanup Assistance Act (OECAA), the EP...

Oxy USA, Inc. v. Babbitt

The court holds that neither the six-year statute of limitations set forth in 28 U.S.C. §2415(a) nor the Federal Oil and Gas Royalty Management Act (FOGRMA) bars U.S. Department of the Interior (DOI) administrative orders requiring mineral lessees to pay additional royalties and interest on oil pro...

Freidline v. Shelby Ins. Co.

The court holds that an insurance company must defend and indemnify building owners who were sued by telemarketers who worked in the building and were injured from exposure to fumes from carpet glue used to recarpet the building. The court first holds that the pollution exclusion found in the policy...