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Bair v. California Department of Transportation
A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park. Environmental groups challenged the project under NEPA, the Department of Transportation Act, the Wild and Scenic Rive...
Kentucky Riverkeeper, Inc. v. Midkiff
A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities. The groups alleged CWA, N...
Brod v. Omya
The Second Circuit affirmed a lower court decision dismissing residents' RCRA claims against a minerals processing plant. The residents claimed that the plant was creating an imminent and substantial endangerment to human health and the environment by permitting its waste to seep into the groun...
Oceana, Inc. v. Locke
The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States. The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act, requires the NMF...
Baity v. General Electric Co.
A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an industrial plant formerly operated by the company. The court properly d...
Missoula v. Montana Department of Transportation
A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state to the Canadian border for use in tar sand and mining production in Alberta. The agency conducted an EA u...
Myers v. United States
The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due to exposure to thallium—a toxic heavy metal—from soil dumped into a landfill adjacent to the child's home ...