sovereign immunity
Roads to Nowhere in Four States: State and Local Governments in the Atlantic Southeast Facing Sea-Level Rise
Local governments in the coastal zone play a key role in adapting to the changing climate. This Article presents an analysis of coastal communities in four states, Florida, Georgia, South Carolina, and North Carolina, and provides three...
Jam v. International Finance Corp.
A district court held an international development bank that financed construction of a coal-fired power plant in India was immune from a suit brought by a group of Indian villagers claiming the plant polluted surrounding air, land, and...
Gold King Mine Release in San Juan County, Colorado on August 5, 2015
A district court denied EPA's motions to dismiss a lawsuit brought by two states and a Native American tribe seeking to recover response costs from the 2015 Gold King mine spill that sent millions of gallons of acid mine drainage into...
California v. United States Environmental Protection Agency
A district court denied EPA's motion to dismiss a lawsuit brought by several states alleging that the Agency failed to implement and enforce its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The...
Navajo Nation v. DOI
The Ninth Circuit upheld a lower court's dismissal of a tribe's NEPA challenge to a DOI guidance that did not consider its interest when allocating the water rights of the Colorado River. The tribe contended that it was unlawfully...
NL Indus., Inc. v. State
The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on...
Humane Society of the United States v. McCarthy
A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source...
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