A California appellate court, in an unpublished opinion, held that the California Department of Food and Agriculture's environmental impact report (EIR) for a seven-year program to control the light brown apple moth, an invasive pest, violated the California Environmental Quality Act (CEQA). The age...

The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los Angeles County. The agency prepared an environmental impact report...

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor trailers in violation of the dormant Commerce Clause. The associatio...

In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...

A district court remanded to state court personal injury and property damage claims brought by hundreds of individuals against an oil company in connection with their alleged exposure to contamination from oil field pipe. The case was originally filed in state court in 2002. It was then removed to f...

A Washington court held that the public trust doctrine applies to the protection of the atmosphere, including limits on greenhouse gas (GHG) emissions, but denied minors' petitions for stricter GHG regulations because the state agency has already commenced rulemaking. The court held that the state h...

A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the property, the owners discharged dredge and fill materials into water...

A Washington appellate court upheld an administrative board decision invalidating the Department of Ecology's and a city's threshold determinations for two crude oil terminal development projects under the State Environmental Policy Act (SEPA), but denied environmental groups' claim that additional ...

A North Carolina appellate court upheld the constitutionality of state legislation that withdrew a city's authority to own and operate its public water system and to instead transfer it to a sewer district. The law creates a new type of political subdivision, known as a metropolitan water and sewera...