A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over claims that the defendants have taken actions to use and develop t...

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad project. The owner claimed that despite the fact that his miti...

A district court dismissed environmental groups' lawsuit challenging the Federal Highway Administration's (FHwA's) approval of a bridge and highway project that will cross Florida's St. Lucie River, including portions of the St. Lucie River Aquatic Preserve and the Savannas Preserve State Park. In a...

A district court dismissed several claims a group of cattle ranchers filed against USDA and DOI concerning actions taken to protect the New Mexico meadow jumping mouse, an endangered species. Following the listing of the species in 2014, the U.S. Forest Service proposed to erect a five-foot pipe fen...

A district court, on motions for reconsideration and clarification of a prior remand order, vacated and remanded DOI's record of decision (ROD), EIS, and biological opinion (BiOp) concerning a large wind energy project in Nevada. In the prior remand court, the court held that DOI failed to fully exp...

The Mississippi Supreme Court reversed and remanded a lower court decision that the state's transportation agency did not effect a categorical or regulatory taking when it pledged approximately 1,300 acres of a developer's property for wetlands mitigation as part of its application for a dredge and ...

The Federal Claims Court held that the U.S. government may not engage in discovery about oil companies' insurance policies in an underlying case concerning cleanup costs stemming from the production of high-octane aviation gas (avgas) during World War II. The Federal Circuit previously held that the...

A district court held that a waste broker is liable as an arranger under CERCLA and the Texas Solid Waste Disposal Act (TSWDA) in connection with the disposal of waste at the U.S. Oil Recovery Superfund site in Texas. A manufacturing company hired the broker to help facilitate the movement of its wa...

A district court dismissed property owners' lawsuit against a mining company for unlawfully diverting excess wastewater into underground mine voids located beneath their land. Although the owners filed suit after the statute-of-limitations period expired, the owners argued that CERCLA's discovery ru...

The Sixth Circuit held that the CAA does not preempt property owners' state common law tort claims against a nearby power plant for allowing ash, dust, and coal combustion by-products to blow onto their properties. The owners brought RCRA and CAA claims against the power plant in addition to their s...