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Environmental Law & Policy Center v. United States Coast Guard

A district court denied summary judgment to environmental groups in a challenge to the U.S. Coast Guard's approval of a contingency plan for a Michigan oil pipeline. The groups argued that the plan failed to respond to a worst-case discharge, as required by the OPA, by failing to consider the need f...

Minnesota Sands, LLC v. Winona, Minnesota, County of

Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the dormant Commerce Clause by discriminating against its business. The hi...

United States v. California

A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S. Constitution because it was binding and "confederat[ed] the laws of the two jurisdictio...

Downstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held that the U.S. government was not liable for the flooding of homes near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners downstream of the dams argued that the government flooded their lands by opening the dams' ...

Giovanni v. United States Department of the Navy

A district court granted the U.S. Navy's motion to dismiss a lawsuit concerning the release of perfluorochemicals from naval facilities in eastern Pennsylvania. Families in neighborhoods near the facilities argued that the Navy improperly disposed of perfluorooctane sulfonate (PFOS) and perfluorooct...

Food & Water Watch, Inc. v. United States Environmental Protection Agency

A district court denied nonprofit groups' and EPA's cross-motions for summary judgment in a challenge to the Agency's denial of a petition to regulate the fluoridation of drinking water supplies under TSCA. The groups argued that the ingestion of fluoride posed an unreasonable risk of neurotoxic har...

Upstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held the U.S. government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the government improperly used their land to retain floodwaters during the hu...