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Burford doctrine

Sierra Club v. FutureGen Industrial Alliance

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA...

Chico Service Station, Inc. v. Sol Puerto Rico Ltd.

The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an...

Andrews v. Holly Township

The court holds that it must abstain from hearing a case brought by property owners who claimed that a county ordinance making the lake on which their property sits a "no wake" lake is invalid under the Michigan Natural Resources and...

3883 Conn., L.L.C. v. District of Columbia

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the...

United States v. Toyota Motor Corp.

The court denies a motion to dismiss the U.S. Environmental Protection Agency's (EPA's) suit against an automobile manufacturer under Clean Air Act (CAA) §203(a)(1) for introducing into commerce new motor vehicles that were materially...

Sierra Club v. San Antonio, City of

The court vacates a preliminary injunction that imposed limitations on the withdrawal of water from an aquifer to conserve endangered and threatened species. The court holds that plaintiff-appellee environmental group failed to meet the...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its...