Civil Procedure

The court remands a municipality's request for litigation costs relating to its successful challenge of a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) rule establishing new…

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and…

The court grants summary judgment to a company that allegedly violated its Federal Water Pollution Control Act (FWPCA) §404 permit by filling wetlands in contradiction of its mitigation plan. The…

The court holds that, under Ohio law, excess insurance policies that "follow form" to—or provide coverage on the same terms as—underlying unbrella insurance policies incorporate a…

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting…

The court holds that environmental groups may seek civil penalties based on allegations of a shipyard's continuing Federal Water Pollution Control Act violations that contribute to specific…

The court holds that a company that allegedly sold the United States a lesser grade oil than required under contract specifications and then charged it for the higher grade oil is liable under the…

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy…

The court holds that citizens have standing to seek civil monetary penalties against a private shipyard for past and present Federal Water Pollution Control Act (FWPCA) violations. The court…

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of…