A district court granted state defendant's motion to dismiss in a case involving water contamination in Flint, Michigan. Plaintiffs alleged violations of the SDWA as well as state tort claims. The court dismissed the SDWA claims for failure to notify officials of intent to sue and declined to exerci...
A district court declined to dismiss state-law tort claims stemming from perflurooctanoic acid (PFOA) that leached into groundwater from a factory in Hoosick Falls, N.Y. Plaintiffs found their water supply contained levels of PFOA that were significantly above safe levels. PFOA is associated with in...
A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...
A California appellate court held that an environmental consultant hired by a lender had no duty to a prospective buyer of contaminated property. The buyer filed a negligence claim against the consultant group for an EA it performed in 2000 for her lender prior to her purchase of the property. The E...
The Fifth Circuit overturned a $3 million jury award for a nuisance claim against a petroleum company in which a family claimed natural gas extraction caused contamination of their property. The family alleged that the petroleum company's spills, releases, emissions, and discharges of air pollution ...
The Eleventh Circuit held that the Federal Highway Administration's (FHWA's) approval of a new bridge in Port St. Lucie, Florida, was not arbitrary or capricious despite claims by environmental groups. The groups claimed that FHWA abused its discretion in not selecting their proffered alternative pa...
The Ninth Circuit affirmed in part and reversed in part a district court's dismissal of environmental groups' claims that EPA violated the ESA when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with NMFS and FWS. The district court divided...
The Iowa Supreme Court held that a city utility cannot sue upstream drainage districts over excess nitrate pollution in the utility's water source. The utility attempted to sue entities that drain wetlands so they can be turned into productive farmland for monetary damages, claiming agricultural run...
A district court refused to remand to state court a case where a plaintiff alleged that exposure to two petroleum companies' benzene-containing products caused him to develop cancer, finding that a party was fraudulently joined to prevent removal. The plaintiff originally sued the petroleum companie...
A district court granted summary judgment in favor of a mining company in a case involving the U.S. Army Corps of Engineers' determination that wetlands intended to be mined of peat had a significant nexus to waters of the United States. The mine obtained an approved jurisdictional determination (JD...