The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the district court rejected the distillery's argument that the CAA p...

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 Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home. To overcome the defendant companies' no-evidence summary judgment...

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewer p...

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...

The Supreme Court of New Hampshire upheld a $236 million jury award against an oil company for groundwater contamination. In 2003, New Hampshire sued several gasoline suppliers, refiners, and chemical manufacturers seeking damages for groundwater contamination allegedly caused by methyl tertiary but...

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 company's counterclaims because the state has neither consented ...

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge of pollutants into the waters of the United States under the CW...

A district court, on motions for summary judgment, held that the Bureau of Indian Affairs (BIA) complied with NEPA and other statutes when it approved a tribe's application for a proposed gaming facility and hotel fee-to-trust acquisition project in Yuma, California. BIA prepared an EIS for the prop...