A Washington state court dismissed a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs argued that the state should be required to submit a greenhouse gas emissions reduction plan because they have a state constitutional right ...
The court holds that individuals who are members of an environmental group have standing to bring a Clean Water Act (CWA) citizen suit against a salmon farmer for the illegal discharge of pollutants into water. The court first holds that the individuals provide sufficient averments to satisfy the in...
The court holds that a salmon farmer is liable under the Clean Water Act (CWA) for discharging pollutants without a national pollution discharge elimination system (NPDES) permit in Machias and Pleasant Bays off the coast of Maine. The court first holds that, based on the undisputed facts and the br...
The court holds that the U.S. Army Corps of Engineers did not violate the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), or the Federal Wildlife Coordination Act (FWCA) when it allowed the construction of three water treatment proj...
The court affirms in part and reverses and remands in part a district court's sentencing of two individuals convicted for making materially false statements in violation of 18 U.S.C. §1001 by submitting reports containing falsified turbidity measurements to a state water district. Under 18 U.S.C. �...
The court vacates a district court decision holding that owners of property surrounded by a national forest in West Virginia do not have an express or implied easement to use a U.S. Forest Service road that provides the sole access to their property. The owners' predecessors conveyed 742 acres of la...
The court holds that a company failed to meet its burden of proving the divisibility of response costs at a New Jersey Superfund site and, thus, is responsible for all of the response costs associated with one phase of remediation at the site. The company argued that the response costs are divisible...
The court holds that a salmon farmer is liable under the Clean Water Act (CWA) for discharging pollutants without a national pollution discharge elimination system (NPDES) permit in Machias and Pleasant Bays off the coast of Maine. The court first holds that, based on the undisputed facts and the br...
The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of pollutants after the changes were made. Based on the CAA and its imple...
The court affirms in part and reverses in part a district court holding that the U.S. government waived its sovereign immunity under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §120(a)(1), that the government was liable as a CERCLA §107(a)(3) arranger for the dis...