The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A group of states, private land trusts, and a city a filed suit against four power companies and the TVA claiming that their e...

A district court denied a defendant company's motion to dismiss a distribution center's claim for injunctive relief and damages under various causes of action based on environmental contamination on property managed by the defendant. Specifically, the plaintiff alleged that the company is not meetin...

A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade. The court ruled that the board inadequately described and analyzed project alternatives in violation of the...

A district court held that the owners of contaminated property may be held liable under RCRA for obstructing the former owner's ability to clean up the site. After purchasing the property from a power company, the owners filed suit against the power company under RCRA. The company then filed...

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements. The boilerplate and conclusory RCRA notices provided by the owner fai...

The First Circuit affirmed a natural gas company's conviction for storing hazardous waste without a permit in violation of RCRA. The company is precluded from challenging a 2002 EPA rule authorizing Rhode Island's RCRA regulations because it failed to use the proper statutory procedure for j...

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing compa...

The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of th...