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Eleventh Amendment

New York v. General Electric Co.

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the...

Barnstable v. O'Connor

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and...

Wagoner County Rural Water Dist. No. 2 v. Grand River Dam Auth.

The Tenth Circuit affirmed a lower court decision dismissing water districts' and other entities' claims against an Oklahoma agency and the United States in a dispute over water rights stemming from the Grand River. The plaintiffs...

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit, in a CWA enforcement action filed by the United States and the state of Missouri against a water district, affirmed a lower court decision denying the state's motion to dismiss the district's counterclaims and to...

South Carolina Wildlife Fed'n v. Limehouse

The Fourth Circuit affirmed a lower court decision denying a motion to dismiss environmental groups' National Environmental Policy Act (NEPA) claim against the director of the South Carolina Department of Transportation concerning the...

Seven Up Pete Venture v. Schweitzer

The Ninth Circuit upheld the dismissal of state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process. The plaintiffs, who prior to the ban had acquired leases of Montana...

Litgo New Jersey, Inc. v. Jackson

A district court granted a motion to dismiss Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act, and New Jersey Spill Compensation and Control Act claims filed against...

Fednav v. Chester

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance species into the Great Lakes. The statute...

Beentjes v. Placer County Air Pollution Control Dist.

The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To determine whether an entity is an arm of the state...

DLX, Inc. v. Kentucky

The Sixth Circuit upheld the dismissal of a company's takings claim against Kentucky for denying a permit to mine. The company originally filed suit in state court, where it ultimately was dismissed for failure to exhaust administrative...

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