Governance

The Federal Circuit held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused…

A Michigan appellate court upheld the state environmental agency's concentrated animal feeding operation (CAFO) rule. The challenged rule falls within the scope of the agency's statutory…

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The…

A district court denied environmental groups' motion to preliminarily enjoin the BLM from authorizing the site clearing and construction of a wind energy facility in Spring Valley, Nevada…

A district court granted the United States' motion to dismiss a Native American tribe's claims against it in connection with the government's remediation of a former uranium mill…

The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of…

A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The…

A California court ordered the California Air Resources Board (CARB) to set aside its "functional equivalent document" that evaluates the environmental consequences of its climate…

The Fourth Circuit reversed a lower court decision that an insurance company was obligated to pay the sums a landfill owner had incurred and was likely to incur in response to an EPA cleanup…

A district court held that the former owner of contaminated property may be held liable under tort and the New York Navigation Law for failing to report or prevent the spread of that…