The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law failure-to-warn claims against the manufacturer of two pesticides that, when mixed together, damaged the farmer's crops. Following the lead of the majority of courts that have considere...
The court affirms a district court decision entitling a state to recover from a petroleum producer and underground storage tank (UST) leasing company the costs of providing bottled water and filtration systems to homeowners whose well water was contaminated by benzene from leaking USTs. The court fi...
The court affirms the dismissal of the U.S. Environmental Protection Agency's (EPA's) suit seeking access to property under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the purpose of remediation, investigation of possible environmental hazards, ...
The court denies the U.S. Environmental Protection Agency's (EPA's) motion seeking an order under Comprehensive Environmental Response, Compensation, and Liability Act §104(e) requiring a landowner to allow EPA to access his property to test water on the property in order to determine if it has bee...
ELR Digest
The court strikes its previous holding that pursuant to the waiver of sovereign immunity in the Administrative Procedure Act (APA), 5 U.S.C. §702, the U.S. Environmental Protection Agency's (EPA's) refusal to respond to a corporation's nonparty subpoena is subject to judicial review und...
The court holds that the Bureau of Reclamation's failure to implement the reasonable and prudent alternatives (RPAs) of a U.S. Fish and Wildlife (FWS) biological opinion (BO) for a water resources project in Arizona violated Endangered Species Act (ESA) §9 by resulting in the take of an endangered ...
The court approves a settlement agreement in four consolidated cases challenging regulation of toxic water pollutants by the Environmental Protection Agency (EPA). Civil Action No. 2153-73 sought to compel EPA to expand the list of toxic pollutants promulgated under §307 of the Federal Water Pollut...
A district court held that FWS applied an improper standard when it concluded there was not adequate scientific evidence to warrant listing the Yellowstone bison population under the ESA. Environmentalists petitioned the agency in 2014 to list the Yellowstone bison as either threatened or endangered...
The Michigan Court of Appeals held that a class action case involving the Flint water crisis can proceed. Citizens of Flint formed a class and sued Michigan officials for their "deliberate" decision to expose them to toxic water from the Flint River. The citizens alleged that their due process right...
The First Circuit held that stormwater running off parking lots and other paved surfaces at Harvard, MIT, and other Boston-area universities will remain unregulated even though it may be polluting the Charles River and its tributaries. An environmental group sought to compel EPA to regulate the disc...