The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...
A district court held that a property owner is not entitled to attorney fees from the U.S. government in an underlying case in which the government was found liable under RCRA for trichloroethylene contamination at the site. The lower court held that the U.S. Army, Navy, and Air Force were liable as...
A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency filed environmental cleanup suits against nine business entities...
The Fifth Circuit held that the CWA does not provide citizens the right to sue to enforce the conditions of §404 permits. Environmental groups filed a citizen suit against the Atchafalaya Basin Program, alleging that it violated its dredge and fill permit for Bayou Postillion in Iberia Parish, ...
The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from pumping polluted canal water into Lake Okeechobee. In that case, the lower court found in favor of the tr...
A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...
A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner adequate...