The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under the CWA to promulgate TMDLs for biologically impaired waters in...
The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They argue...
The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy. The conglomerate launched an adve...
The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The shareholders alleged that the officers and directors of the company breach...
The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30% tariff on...
The court affirms in part and remands in part a district court decision that although a city was encroaching on a water district's service area, the water district was not making service available because it was charging customers to build the water system infrastructure. The water district borrowed...
The court holds that the U.S. Environmental Protection Agency (EPA) should be granted access to three sites involved in an asbestos contamination investigation to determine the need for response, to determine the appropriate response, and to effectuate response actions. The owner of the sites grante...
The court holds that a waste management company is predominately responsible for leachate contamination at a municipal landfill site it covered and transferred to a park district and that the company's cleanup efforts failed to comply with the national contingency plan (NCP). Considering the economi...
The Idaho Supreme Court held that a county planning board's failure to determine the ownership of submerged land located in a wildlife sanctuary, which was designated in a planned unit development (PUD), before approving the PUD violated the county zoning ordinance. The court first holds that the bo...
The court holds that the doctrine of sovereign immunity did not bar appeal of a state water control board permit modification. The board granted a permit modification for a dredge and fill operation after providing a public comment period and denying a hearing. On appeal, the board argued that sover...