The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to discontinue its development of Yucca Mountain violated the Nucl...

The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure reposit...

The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer. In 2006, the Ohio General Assembly passed legislation that allows the s...

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations supporting the company's claim that the former owner of the neigh...

A California court overturned a small claims court's grant of damages in favor of a woman who filed suit against an automobile manufacturer for making fraudulent claims about her hybrid car's fuel economy and performance. The manufacturer's fuel economy ratings were obtained using the test metho...

A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments unambiguously demonstrates that Congress differentiated duties ste...

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the entiret...

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a motio...