North Carolina Environmental Justice Network v. Taylor
A district court denied a swine farm's motion to strike an environmental group's request for a jury trial in their CWA and RCRA citizen suit. The group's citizen suit alleged that the farm illegally dumped swine waste onto surrounding lands and waters in violation of the two statutes. The farm argue...
United States v. Mazza
The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind when ev...
HLP Properties, LLC v. Consolidated Edison Co. of New York, Inc.
A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s. In 2010, some of the property ow...
Cleveland National Forest Foundation v. San Diego Association of Governments
A California appellate court held that the San Diego Association of Governments (SANDAG) failed to adequately consider greenhouse gas emissions impacts in violation of the California Environmental Quality Act (CEQA) during its preparation of its 2050 regional transportation plan. A lower court ruled...
Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection
A New Jersey appellate court held that the state environmental agency exceeded its authority when it seized control of a privately owned landfill under an emergency order intended to abate an alleged imminent threat to the environment arising from continued emissions of hydrogen sulfide. The order e...